56CNotice of decision to claim amount as debt

#### 56C Notice of decision to claim amount as debt (1) If an amount is recoverable under subsection 56(2), or 56A(1), (3), (5) or (8), as a debt due to the Commonwealth from a person, or from an estate, the Chief Executive Medicare must give written notice to the person or estate of: (a) the decision to claim the amount as a debt; and (b) the reasons for the decision; and (c) the right of the person or estate to seek review of the decision under subsection 56D(1). (2) The written notice may also include notice of other decisions referred to in this section, or section 56B, that also are required to be given to the person or estate. The notice may also, as appropriate, state that the Chief Executive Medicare was not satisfied, for the purposes of subsection 56A(2), (4) or (6), that circumstances beyond a person’s control existed. (3) A failure to comply with the requirements of subsection (1) does not affect the validity of the decision. (4) The Chief Executive Medicare must not serve a notice on a person or an estate claiming an amount as a debt before the end of the period of 28 days after written notice of the decision referred to in subsection (1) is given to the person or estate. (5) Subsection (4) does not apply in relation to claiming an amount as a debt if the person or estate has notified the Chief Executive Medicare as mentioned in subsection 56D(1A) in relation to the debt.