Document ID: chunk:federal_register_of_legislation:C2025C00097:section:5:p40
Version: federal_register_of_legislation:C2025C00097
Segment Type: section
Provision Reference: s 5 (pt 40/56)
Character Range: 183826–186486

of so much of a payment made under section 279‑15 or 279‑40 as:
 (i) is not reflected in reductions in premiums payable under complying health insurance policies issued by the private health insurer concerned; or
 (ii) relates to a person whose application under subsection 23‑15(1) has not been retained by the private health insurer as required by section 23‑45; or
 (iii) relates to a person whose application under subsection 23‑15(1) has been so retained, but has not been produced to the Chief Executive Medicare by the private health insurer in accordance with a requirement made by the Chief Executive Medicare under section 279‑55;
 (g) so much of a payment purportedly made under section 279‑15 or 279‑40 as was not payable under that section;
 (h) interest payable under subsection 282‑5(2).
 (1A) However, an amount is not recoverable under paragraph (1)(d), (e), (f) or (g) if the situation giving rise to the amount did not occur due to the fault of the private health insurer.
 (2) The amounts are recoverable from:
 (b) if paragraph (1)(d), (e), (f) or (g) applies—the private health insurer to which the payment concerned was made; or
 (c) if paragraph (1)(h) applies:
 (i) if the payment was made to a private health insurer—that insurer; or
 (ii) if the payment was made to an individual—the individual or his or her estate.
 (3) An amount recoverable under subsection (1) is recoverable whether or not any person has been convicted of an offence relating to the payment.

282‑5  Interest on amounts recoverable
 (1) If the Chief Executive Medicare has served, on an individual from whom an amount is recoverable or the legal personal representative of such an individual, or on a private health insurer from which an amount is recoverable, under subsection 282‑1(1) a notice claiming an amount as a debt due to the Commonwealth and:
 (a) an arrangement for the repayment of the amount has been entered into between the Chief Executive Medicare and the individual or the individual's legal personal representative, or the private health insurer, as the case may be, within the period referred to in subsection (3), and there has been a default in payment of an amount required to be paid under the arrangement; or
 (b) at the end of the period such an arrangement has not been entered into and all or part of the amount remains unpaid;
then, from and including the day after the end of the period, interest becomes payable on so much of the amount as from time to time remains unpaid.
 (2) Interest is payable:
 (a) at the rate of 15% per annum; or
 (b) if a lower rate is specified in the Private Health Insurance (Incentives) Rules for the