Document ID: chunk:federal_register_of_legislation:C2023C00183:clause:3_9:p2
Version: federal_register_of_legislation:C2023C00183
Segment Type: clause
Provision Reference: sch 3 cl 9 (pt 2/4)
Character Range: 91209–93555

a premium, if:
 (a) you have received an amount under Division 26 of the Private Health Insurance Act 2007 in relation to the payment; or
 (b) the premium, or the amount in respect of a premium, was less than it would otherwise have been because of the operation of Division 23 of that Act.
Note: In certain circumstances you can get a refund of the tax offset under Division 67.

61‑210  Amount of the private health insurance tax offset
 (1) The amount of the *tax offset for an income year is the sum of:
 (a) 30% of the amount of the premium, or of the amount in respect of a premium, paid by you, or by your employer as a *fringe benefit for you, under the policy in respect of days in the income year on which no person covered by the policy was aged 65 years or over; and
 (b) 35% of the amount of the premium, or of the amount in respect of a premium, paid by you, or by your employer as a fringe benefit for you, under the policy in respect of days in the income year on which:
 (i) at least one person covered by the policy was aged 65 years or over; and
 (ii) no person covered by the policy was aged 70 years or over; and
 (c) 40% of the amount of the premium, or of the amount in respect of a premium, paid by you, or by your employer as a fringe benefit for you, under the policy in respect of days in the income year on which at least one person covered by the policy was aged 70 years or over.
 (2) However, if, before 1 January 1999, a person was registered, or eligible to be registered, under the Private Health Insurance Incentives Act 1997 in respect of the policy for the income year, the amount of the *tax offset for the income year is the greater of:
 (a) the amount worked out under subsection (1); and
 (b) the *incentive amount for the policy for the income year.
 (3) If, because of the operation of Division 23 of the Private Health Insurance Act 2007, an amount paid by you, or by your employer as a *fringe benefit for you, under a policy was less than the amount that would otherwise have been payable, the *tax offset in respect of the amount paid is reduced by the amount of the difference.

61‑215  Tax offset after a person 65 years or over ceases to be covered by policy
 (1) If:
 (a) at any time, the amount of a *tax offset in respect of premiums payable under an insurance policy (the original policy) was