Document ID: chunk:federal_register_of_legislation:C2025C00097:section:3:p8
Version: federal_register_of_legislation:C2025C00097
Segment Type: section
Provision Reference: s 3 (pt 8/18)
Character Range: 52416–54865

a person who lived on Norfolk Island before the final transition time (within the meaning of the Norfolk Island Act 1979) is taken, while the person was living on Norfolk Island before that time, to have been overseas; and
 (b) any period in which a person returns to Australia for less than 90 days counts as part of a continuous period overseas.
 (2) For the purposes of this Part, a person is taken not to have returned to Australia from *overseas, or entered Australia, if the person returns to Australia, or enters Australia, but remains in Australia for a period of less than 90 days.

Division 37—Exceptions to the general rules about lifetime health cover

37‑1  People born on or before 1 July 1934
 (1) The amount of premiums payable for *hospital cover in respect of an *adult does not increase under this Part if the adult was born on or before 1 July 1934.
 (2) However, this section does not prevent section 37‑20 applying to the *hospital cover in respect of any *adults who were born after 1 July 1934.

37‑5  People over 31 and overseas on 1 July 2000
  A person:
 (a) who turned 31 on or before 1 July 2000; and
 (aa) who:
 (i) was an Australian citizen on 1 July 2000; or
 (ii) was an Australian resident (within the meaning of section 3 of the Health Insurance Act 1973) on 1 July 2000; or
 (iii) had a lifetime health cover base day on or before 30 June 2010; and
 (b) who was *overseas on 1 July 2000;
is taken, for the purposes of section 34‑1, to have had *hospital cover on the person's *lifetime health cover base day.

37‑7  Person yet to turn 31
  If the 1 July after a person turns 31 has not arrived, lifetime health cover does not yet apply to the person.

37‑10  Hardship cases
  A person is treated for the purposes of this Part as if he or she had *hospital cover on 1 July 2000 if a determination under clause 10 of Schedule 2 to the National Health Act 1953 (as in force immediately before 1 April 2007) had effect in relation to the person immediately before 1 April 2007.

37‑15  Increases cannot exceed 70% of base rates
  The maximum amount of any increase under this Part in the amount of premiums payable for *hospital cover in respect of an *adult is an amount equal to 70% of the *base rate for the hospital cover.

37‑20  Joint hospital cover
 (1) If:
 (a) more than one *adult is covered under the same *hospital cover; and
 (b) the amount of premiums payable for the cover in respect of at least one of