N.Y. Comp. Codes R. & Regs. tit. 9 § 525.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 525.4 - Filing of claims

In addition to the provisions contained in section 625 of the Executive Law:

(a) Claim applications shall be filed with the office in person, by mail, or electronically via facsimile, electronic mail or any other manner the office may make available for the filing of claims pursuant to subdivision one of section 305 of the New York State Technology Law.

(1) If mailed, such application shall be directed to:

Office of Victim Services

Alfred E. Smith State Office Building

80 South Swan Street, 2nd Floor

Albany, NY 12210-8002

(2) Emergency award claim applications may be sent via facsimile, to a number the office may make available.

(b) If a person is eligible to file a claim for loss of earnings as a parent or guardian during the period of hospitalization of a child victim under the age of 18 for injures sustained as a direct result of a crime, all other requests for the reimbursement of related, out-of-pocket expenses must be submitted together under the name of one, eligible parent or guardian. Should more than one parent or guardian be responsible for the child victim, the office shall determine all other requests for reimbursement of such expenses under the first, eligible claim accepted by the office. All claims received for loss of earnings as a parent or guardian during the period of hospitalization of the same child victim under the age of 18 for injuries sustained as a direct result of a crime shall be cross-referenced to ensure no duplicate awards are made.

(c) If a person is eligible to file a claim for crime scene clean-up as a surviving spouse, child or stepchild of a victim of a crime who died as a direct result of such crime and where such crime occurred in the residence shared by such family member or members and the victim, out-of-pocket expenses must be submitted together under the name of one family member who is eligible pursuant to paragraph (k) of subdivision (1) of section 624 of the Executive Law. Should more than one eligible family member file a claim requesting reimbursement for crime scene clean-up, the office shall determine all other requests for reimbursement of such expenses under the first, eligible claim accepted by the office. If the child or stepchild of a victim is a minor, the claimant filing on behalf of the child or stepchild must also be responsible for the residence shared by such family member and the victim. All claims received for crime scene clean-up as a surviving spouse, child or stepchild of a victim of a crime who died as a direct result of such crime and where such crime occurred in the residence shared by such family member or members and the victim shall be cross-referenced to ensure no duplicate awards are made.

(d) If a claim application is received complete, it shall be accepted and delivered to the Director for assignment pursuant to section 525.5(a) of this Part.

(e) If a claim application is received incomplete, the office shall:

(1) if submitted pursuant to section 525.22(a) of this Part, return the claim application to the Victim Assistance Program to complete the application;

(2) if submitted directly by the claimant without any Victim Assistance Program indicated on the application, assign a staff person to obtain the necessary information from the claimant or other parties to complete the application; or

(3) return it to the claimant to obtain the necessary information to complete the application.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 525.4