PRIVATE HEALTH INSURANCE INCENTIVES ACT 1998

CHAPTER 4 - PROVISIONS APPLYING BOTH TO INCENTIVE PAYMENTS SCHEME AND TO PREMIUMS REDUCTION SCHEME  

PART 7 - GENERAL  

Division 18 - When and how payments can be recovered  

SECTION 18-20   MEDICARE AUSTRALIA CEO MAY SET OFF DEBTS AGAINST AMOUNTS PAYABLE  

18-20(1)   [Set-off permitted]  

Despite any other provision of this Act, if:

(a) except for this section, an amount would be payable by the Medicare Australia CEO to a person or his or her estate, or to a * health fund , under this Act; and

(b) an amount is recoverable under section 18-5 by the Commonwealth from the person or his or her estate, or from the fund, as the case may be;

the Medicare Australia CEO may set off the whole or a part of the amount referred to in paragraph (b) against the amount referred to in paragraph (a).

18-20(2)   [Notice served]  

If the Medicare Australia CEO decides to make such a set-off in respect of a person or his or her estate, the Medicare Australia CEO must serve on the person or his or her legal personal representative or the legal personal representative of his or her estate a notice of the decision.

18-20(3)   [Liability]  

If the Medicare Australia CEO makes such a set-off:

(a) the Medicare Australia CEO is liable to pay to the person or his or her estate, or to the fund, only the amount remaining after the set-off; and

(b) the amount referred to in paragraph (1)(b) is reduced by the amount set off.