Section R270-1-18 - Unjust EnrichmentPursuant to Subsection 63M-7-510(1)(d), the office shall use the following criteria when considering reparations claims involving possible unjust enrichment of an offender:
(1) Reparations officers shall not base unjust enrichment determinations solely on the presence of the offender in the household at the time of the award.(2) Reparations officers shall not deny reparations awards on the basis that the offender would be unjustly enriched, if the victim cooperates with investigation and prosecution of the crime and does what is possible to prevent access by the offender to substantial compensation.(3) The office shall issue payment directly to third party providers to prevent monies intended for victim expenses from being used by or on behalf of the offender.(4)(a) Reparation officers shall examine collateral resources such as court-ordered restitution and medical insurance that are available to the victim from the offender.(b) The office shall not penalize the victim for an offender's failure to meet legal obligations to pay for the cost of the victim's recovery.(5)(a) In determining whether enrichment is substantial or inconsequential, the reparations officer shall consider the amount of the award and whether a substantial portion of the compensation award will be used directly by or on behalf of the offender.(b) If the offender has direct access to a cash award or if a substantial portion of it will be used to pay for the offender's living expenses, the office may reduce or deny that portion of the award that will substantially benefit the offender.(c) When enrichment is inconsequential or minimal, the award shall not be reduced or denied.Utah Admin. Code R270-1-18
Amended by Utah State Bulletin Number 2016-22, effective 10/24/2016Amended by Utah State Bulletin Number 2017-13, effective 6/7/2017Amended by Utah State Bulletin Number 2022-01, effective 12/22/2021Amended by Utah State Bulletin Number 2023-24, effective 12/8/2023