Document ID: chunk:federal_register_of_legislation:C2004A01206:clause:2_34r
Version: federal_register_of_legislation:C2004A01206
Segment Type: clause
Provision Reference: sch 2 cl 34R
Character Range: 43620–44879

34R  Who is liable to repay an overpayment of exceptional claims indemnity?

 (1) This section applies if, in relation to an exceptional claims indemnity that has been paid, there is an amount overpaid as described in subsection 34T(2) or 41(2).

 (2) The liable person, in relation to the amount overpaid, is:
 (a) if the indemnity has not yet been dealt with in accordance with whichever of subsections 34Q(3) and (4) applies—the recipient referred to in subsection 34Q(1); or
 (b) if the indemnity has been dealt with in accordance with whichever of those subsections applies—the practitioner referred to in subsection 34Q(1).

Note: The recipient and the practitioner will be the same person if the indemnity was paid to the practitioner.

 (3) If:
 (a) the recipient and the practitioner referred to in subsection 34Q(1) are not the same person; and
 (b) when the overpayment is recovered as a debt, the liable person is the recipient;
the fact that the recipient may later deal with the remainder of the indemnity in accordance with subsection 34Q(3) or (4) does not mean that the overpayment should instead have been recovered from the practitioner.

Subdivision D—Payments that would have reduced the amount paid out under the contract of insurance