Private Health Insurance Act 2007

CHAPTER 6 - ADMINISTRATION  

PART 6-4 - ADMINISTRATION OF PREMIUMS REDUCTION SCHEME  

Division 282 - Recovery of amounts and other matters  

Subdivision 282-A - When and how payments can be recovered  

SECTION 282-1   RECOVERY OF PAYMENTS  

282-1(1)    
The following amounts are recoverable as debts due to the Commonwealth:

(a) - (c) (Repealed by No 105 of 2013)

(d)    so much of a payment made under section 279-15 or 279-40 as relates to a ^[*]

To find definitions of asterisked terms, see the Dictionary in Schedule 1 .

complying health insurance policy that covers a person who was:

(i) a ^[*]

To find definitions of asterisked terms, see the Dictionary in Schedule 1 .

participant in the premiums reduction scheme for the financial year concerned in respect of the policy; and

(ii) not eligible to participate in that scheme in respect of that policy;

(e)    so much of a payment made under section 279-15 or 279-40 as relates to a premium for which a reduction was not allowable under section 23-1 ;

(f)    150% of so much of a payment made under section 279-15 or 279-40 as:

(i) is not reflected in reductions in premiums payable under complying health insurance policies issued by the private health insurer concerned; or

(ii) relates to a person whose application under subsection 23-15(1) has not been retained by the private health insurer as required by section 23-45 ; or

(iii) relates to a person whose application under subsection 23-15(1) has been so retained, but has not been produced to the Chief Executive Medicare by the private health insurer in accordance with a requirement made by the Chief Executive Medicare under section 279-55 ;

(g)    so much of a payment purportedly made under section 279-15 or 279-40 as was not payable under that section;

(h)    interest payable under subsection 282-5(2) .

282-1(1A)    
However, an amount is not recoverable under paragraph (1)(d) , (e) , (f) or (g) if the situation giving rise to the amount did not occur due to the fault of the private health insurer.

282-1(2)    
The amounts are recoverable from:

(a) (Repealed by No 105 of 2013)

(b)    if paragraph (1)(d) , (e) , (f) or (g) applies - the private health insurer to which the payment concerned was made; or

(c)    if paragraph (1)(h) applies:

(i) if the payment was made to a private health insurer - that insurer; or

(ii) if the payment was made to an individual - the individual or his or her estate.

282-1(3)    
An amount recoverable under subsection (1) is recoverable whether or not any person has been convicted of an offence relating to the payment.