Utah Code 63M-7-521. Reparations award — Payment methods — Claims against the award

63M-7-521. Reparations award — Payment methods — Claims against the award.

(1)

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Terms Used In Utah Code 63M-7-521

Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
Child: means an unemancipated individual who is under 18 years old. See Utah Code 63M-7-502
Claimant: means any of the following claiming reparations under this part:

(a)

a victim;

(b)	a dependent of a deceased victim; or

(c)

an individual or representative who files a reparations claim on behalf of a victim. See Utah Code 63M-7-502

Economic loss: includes economic detriment even if caused by pain and suffering or physical impairment. See Utah Code 63M-7-502

Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor

Reparations award: means money or other benefits provided to a claimant or to another on behalf of a claimant after the day on which a reparations claim is approved by the office. See Utah Code 63M-7-502

Reparations claim: means a claimant's request or application made to the office for a reparations award. See Utah Code 63M-7-502

Reparations officer: includes the director when the director is acting as a reparations officer. See Utah Code 63M-7-502

Work loss: means loss of income from work the injured victim would have performed if the injured victim had not been injured and expenses reasonably incurred by the injured victim in obtaining services in lieu of those the injured victim would have performed for income, reduced by any income from substitute work the injured victim was capable of performing but unreasonably failed to undertake. See Utah Code 63M-7-502

(a)

Except as provided in Subsection (1)(b), a reparations officer may provide for the payment of a reparations award in a lump sum or in installments.

(b)

(i)	The reparations officer shall pay the part of a reparations award equal to the amount of economic loss accrued to the date of the reparations award in a lump sum.

(ii)	A reparations officer may not pay allowable expense that would accrue after an initial reparations award is made in a lump sum.

(iii)

Except as provided in Subsection (2), a reparations officer shall award the part of a reparations award that may not be paid in a lump sum under this Subsection (1)(b) in installments.

(2)

At the request of the claimant, the reparations officer may convert future economic loss installment payments, other than allowable expense, to a lump sum payment, discounted to present value, but only upon a finding by the reparations officer that the reparations award in a lump sum will promote the interests of the claimant.

(3)

(a)	A reparations award for future economic loss payable in installments may be made only for a period for which the reparations officer can reasonably determine future economic loss.

(b)	The reparations officer may reconsider and modify a reparations award for future economic loss payable in installments, upon the reparations officer’s finding that a material and substantial change of circumstances has occurred.

(4)

A reparations award is not subject to execution, attachment, or garnishment, except that a reparations award for allowable expense is not exempt from a claim of a creditor to the extent that the creditor provided products, services, or accommodations, the costs of which are included in the reparations award.

(5)

An assignment or agreement to assign a reparations award for loss accruing in the future is unenforceable, except:

(a)	an assignment of a reparations award of reparations for work loss to secure payment of alimony, maintenance, or child support;

(b)	an assignment of a reparations award for allowable expense to the extent that the benefits are for the cost of products, services, or accommodations necessitated by the injury or death on which the reparations claim is based and are provided or to be provided by the assignee; or

(c)	an assignment to repay a loan obtained to pay for the obligations or expenses described in Subsection (5)(a) or (b).

Amended by Chapter 149, 2020 General Session

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