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UTAH CODE (Last Updated: January 16, 2015) |
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Title 63M. Governor's Programs |
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Chapter 7. Criminal Justice and Substance Abuse |
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Part 5. Utah Office for Victims of Crime |
§ 63M-7-521. Award -- Payment methods -- Claims against the award.
Latest version.
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(1) The reparations officer may provide for the payment of an award in a lump sum or in installments. The part of an award equal to the amount of economic loss accrued to the date of the award shall be paid in a lump sum. An award of allowable expense that would accrue after an initial award is made may not be paid in a lump sum. Except as provided in Subsection (2), the part of an award that may not be paid in a lump sum shall be paid 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 officer that the award in a lump sum will promote the interests of the claimant. (3) An 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. The reparations officer may reconsider and modify an 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) An award is not subject to execution, attachment, or garnishment, except that an 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 award. (5) An assignment or agreement to assign an award of reparations for loss accruing in the future is unenforceable, except: (a) an assignment of an award of reparations for work loss to secure payment of alimony, maintenance, or child support; (b) an assignment of an award of reparations 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 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).