Document ID: chunk:federal_register_of_legislation:C2025C00097:section:5:p41
Version: federal_register_of_legislation:C2025C00097
Segment Type: section
Provision Reference: s 5 (pt 41/56)
Character Range: 186274–188854

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 purposes of this paragraph—that rate.
 (3) The period for entering into an arrangement under paragraph (1)(a) is the period of 3 months following the service of the notice under subsection (1), or such longer period as the Chief Executive Medicare allows.
 (4) Despite subsection (1), in any proceedings instituted by the Commonwealth for the recovery of an amount due under paragraph 282‑1(1)(h), the court may order that the interest payable under that paragraph is, and is taken to have been, so payable from and including a day later than the day referred to in subsection (1).

282‑10  Chief Executive Medicare may set off debts against amounts payable
 (1) Despite any other provision of Part 2‑2 or this Part, if:
 (a) except for this section, an amount would be payable by the Chief Executive Medicare to a person or his or her estate, or to a private health insurer, under Part 2‑2 or this Part; and
 (b) an amount is recoverable under section 282‑1 by the Commonwealth from the person or his or her estate, or from the insurer, as the case may be;
the Chief Executive Medicare may set off the whole or a part of the amount referred to in paragraph (b) against the amount referred to in paragraph (a).
 (2) If the Chief Executive Medicare decides to make such a set‑off in respect of a person or his or her estate, the Chief Executive Medicare must serve on the person or his or her legal personal representative or the legal personal representative of his or her estate a notice of the decision.
 (3) If the Chief Executive Medicare makes such a set‑off:
 (a) the Chief Executive Medicare is liable to pay to the person or his or her estate, or to the insurer, only the amount remaining after the set‑off; and
 (b) the amount referred to in paragraph (1)(b) is reduced by the amount set off.

282‑15  Reconsideration of certain decisions under this Division
 (1) A person (the applicant) may apply to the Chief Executive Medicare for the Chief Executive Medicare to reconsider the following decisions:
 (a) a decision that an amount is recoverable as a debt due to the Commonwealth under paragraph 282‑1(1)(h) in respect of a payment made to an individual;
 (b) a decision under subsection 282‑10(1) to set off a debt against an amount otherwise payable to a person (other than a private health insurer) or his or her estate.
 (2) The application must:
 (a)