(2) Where a person eligible to receive an award under ORS 147.005 to 147.367 is a person under the age of 18 years or an incompetent, the award may be paid to a relative, guardian or attorney of such person on behalf of and for the benefit of such person. In such case the payee shall:
(a) File an annual accounting of the award with the department; and
(b) Take such other action as the department shall determine is necessary and appropriate for the benefit of the beneficiary of the award.
(3) A person who is incarcerated is not eligible for payments for loss of earnings for the period of incarceration.
(4) Payment of claims is subject to availability of funds for victim compensation awards as provided in the department budget approved by the Legislative Assembly or the Emergency Board. [1977 c.376 §16; 1987 c.770 §6; 1991 c.862 §7; 2012 c.81 §12]