[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR104.22]

[Page 432]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
PART 104--SEPTEMBER 11TH VICTIM COMPENSATION FUND OF 2001--Table of Contents
 
  Subpart B--Filing for Compensation; Application for Advance Benefits
 
Sec. 104.22  Advance Benefits.

    (a) Advance Benefits. Eligible Claimants may apply for immediate 
``Advance Benefits'' in a fixed amount as follows:
    (1) $50,000 for Personal Representatives; and
    (2) $25,000 for injured claimants who meet the requirements of 
paragraph (d) of this section.
    (b) Credit against award. The Advance Benefit shall be credited 
against any final compensation award so that the amount of the Advance 
Benefit is deducted from the final award under this program.
    (c) Application for Advance Benefits. An otherwise eligible claimant 
may seek Advance Benefits to alleviate financial hardship faced by the 
claimant (or financial hardship faced by the beneficiaries of the 
decedent) by submitting an Eligibility Form described in Sec. 104.21(b) 
and indicating thereon that he or she is applying for Advance Benefits.
    (d) Eligibility for Advance Benefits. In the case of a Personal 
Representative, the claimant may be deemed eligible for Advance Benefits 
if a Claims Evaluator or the Special Master or his designee determines 
that the claimant is eligible to recover under the Fund. In the case of 
an injured claimant, the claimant may be deemed eligible for Advance 
Benefits when the Special Master or his designee determines that the 
claimant is eligible to recover under the Fund and that the claimant's 
physical injury required hospitalization for one week or more.
    (e) Authorization of payments. (1) Payment in the amount described 
in paragraph (a) of this section will be authorized immediately upon a 
determination that the claimant is eligible for Advance Benefits and the 
claimant is:
    (i) An injured claimant;
    (ii) A Personal Representative who was the spouse of the deceased 
victim on September 11, 2001; or
    (iii) A Personal Representative who has obtained the consent of the 
spouse of the deceased victim (or, if there is no surviving spouse, all 
of the dependents of the deceased victim) to file for Advance Benefits.
    (2)(i) With respect to other Personal Representatives, payment will 
be authorized within 15 days after the determination that the claimant 
is eligible for Advance Benefits, provided that no other individual has 
asserted a colorable conflicting claim as the Personal Representative 
with respect to the decedent and the Personal Representative identifies 
and has given notice to the beneficiaries to whom such Advance Benefits 
will be distributed.
    (ii) In the event that a colorable conflicting claim has been 
asserted, no Advance Benefit will be paid until a final eligibility 
determination has been made.
    (f) Tolling of 120-day clock and other time periods. A claimant 
filing an Eligibility Form requesting Advance Benefits before filing a 
Personal Injury Compensation Form or Death Compensation Form will be 
deemed to have waived his right to commencement of the 120-day period in 
section 405(b)(3) of the Act (providing that the Special Master shall 
provide notice to the claimant of his determination within 120 days 
after the date on which a claim is filed). The 120-day period and all 
other time limitations in this part, except those applicable to Advance 
Benefit payments, shall be stayed or tolled until such time that a 
Claims Evaluator determines that the claimant's Personal Injury 
Compensation Form or Death Compensation Form is substantially complete.