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 18-25   RECONSIDERATION OF CERTAIN DECISIONS UNDER THIS DIVISION  

18-25(1)   [Application]  

You may apply to the Medicare Australia CEO for the Medicare Australia CEO to reconsider the following decisions:

(a) a decision that an amount is recoverable as a debt due to the Commonwealth under:

(i) paragraph 18-5(1)(a) or (b) ; or

(ii) paragraph 18-5(1)(f) in respect of a payment made to an individual; or

(b) a decision under subsection 18-20(1) to set off a debt against an amount otherwise payable to a person or his or her estate.

18-25(2)   [Written reasons]  

The application must:

(a) be in writing; and

(b) set out the reasons for the application.

18-25(3)   [Deadline]  

The application must be made within:

(a) 28 days after the day on which you are notified of the decision; or

(b) if, either before or after the end of that period of 28 days, the Medicare Australia CEO extends the period within which the application may be made - the extended period for making the application.

18-25(4)   [Reconsideration]  

Upon receiving such an application, the Medicare Australia CEO must:

(a) reconsider the decision; and

(b) either affirm or revoke the decision.

18-25(5)   [Effect]  

If the Medicare Australia CEO revokes the decision, the revocation is taken to be a decision:

(a) in the case of a decision mentioned in paragraph (1)(a) - to waive the debt; or

(b) in the case of a decision mentioned in paragraph (1)(b) - not to set off a debt against an otherwise payable amount.

18-25(6)   [Notice]  

The Medicare Australia CEO must give you a notice stating his or her decision on the reconsideration together with a statement of his or her reasons for the decision.

18-25(7)   [Deadline of 28 days]  

The Medicare Australia CEO must make his or her decision on reconsideration of a decision within 28 days after the day on which he or she received an application for reconsideration.

18-25(8)   [Confirmed decision]  

The Medicare Australia CEO is taken, for the purposes of this Division, to have made a decision confirming the original decision if the Medicare Australia CEO has not told the applicant of his or her decision on the reconsideration before the end of the period of 28 days.