Document ID: chunk:federal_register_of_legislation:C2010C00643:clause:3_4
Version: federal_register_of_legislation:C2010C00643
Segment Type: clause
Provision Reference: sch 3 cl 4
Character Range: 8767–10157

4  After subsection 3(5)
Insert:

 (5A) However, for the purposes of this Act a person is not covered by an insurance policy that provides private patient hospital cover if:
 (a) the insurance policy that covers the person is an applicable benefits arrangement that:
 (i) is modified in accordance with an election described in paragraph (ba) of Schedule 1 to the National Health Act 1953; and
 (ii) is associated with a health benefits fund conducted by a registered organization under that Act; and
 (b) the difference between the lesser benefits mentioned in that paragraph and the benefits payable in accordance with a corresponding applicable benefits arrangement not modified in accordance with such an election is more than:
 (i) $1,000; or
 (ii) $500, if there is only one contributor (as defined in that Act) to the health benefits fund for the applicable benefits arrangement mentioned in paragraph (a) of this subsection and benefits are not payable under the arrangement in respect of the contributor's dependants (as defined in that Act), if any.

 (5B) Subsection (5A) does not prevent a person from being covered by an insurance policy that provides private patient hospital cover if:
 (a) the person has been covered by the policy continuously since the end of 24 May 2000; and
 (b) the election mentioned in subparagraph (5A)(a)(i) was made before the end of 24 May 2000.