33DTime within which notice of past benefits must be given

33D Time within which notice of past benefits must be given

(1) Subject to subsections (2) and (3), the notice under section 33C must be given within 3 months after: (a) the Chief Executive Medicare receives notice under section 23 indicating that the compensation payer or insurer intends to make an advance payment; or (b) the advance payment is made; whichever is the later. (2) If the Chief Executive Medicare gives a notice under subsection 23B(1) to the compensable person, the notice under section 33C need not be given until: (a) the end of the 3 month period referred to in subsection (1); or (b) the end of the period of 28 days after the Chief Executive Medicare accepts an amended statement under section 23B as being substantially correct; whichever is the later. (3) If: (a) the Chief Executive Medicare has not given a notice under subsection 23B(1) to the compensable person; and (b) the period for giving a statement under section 18 has been extended under subsection 18(3); and (c) the date of expiry of the period of the extension is after the end of the 3 month period referred to in subsection (1); the notice under section 33C must be given within 28 days after that date of expiry.