Document ID: chunk:federal_register_of_legislation:C2005A00009:clause:1_4
Version: federal_register_of_legislation:C2005A00009
Segment Type: clause
Provision Reference: sch 1 cl 4
Character Range: 5640–7426

4  After section 12‑5
Insert:

12‑7  Saving provision where a person 65 years or over ceases to be covered by policy

 (1) This section applies to a person (the first person) at a particular time (the relevant time) if:
 (a) at any time before the relevant time, the first person was covered by an *appropriate private health insurance policy (the original policy), other than as a *dependent child; and
 (b) at any time when the person was so covered, the amount of the premium reduction under this Chapter was 35% or 40% of the amount of premium payable under the original policy because of the age of another person (the entitling person) covered by the policy; and
 (c) before the relevant time, the entitling person ceased to be covered by the original policy.

 (2) If, at the relevant time:
 (a) the first person is covered by an *appropriate private health insurance policy (which may be either the original policy or another policy); and
 (b) each other person (if any) covered, since the entitling person ceased to be covered by the original policy, by an *appropriate private health insurance policy that also covered the first person:
 (i) is or was covered as a *dependent child; or
 (ii) is a person who was covered by the original policy immediately before that cessation;
subsections 12‑5(2A) and (3) are taken to apply (other than for the purposes of working out the *incentive amount) as if the entitling person:
 (c) were covered by the policy mentioned in paragraph (a); and
 (d) were the same age as at that cessation.

 (3) Subsection (2) does not apply if its application would result in the amount of the premium reduction under subsection 12‑5(2A) or (3) being less than it would otherwise have been.

Part 2—Amendment of the Income Tax Assessment Act 1997