20UMP support payment exemption (public sector specialists)

20 UMP support payment exemption (public sector specialists)

(1) For subsection 52(4) of the Act, a person is exempt from UMP support payment for a contribution year if: (a) on 1 May 2002 the person was, and on the imposition day for the contribution year the person is, employed as a public sector specialist; and (b) on 30 June 2000 the person was engaged in private practice in the medical profession in the same specialty in which the person is employed as a public sector specialist; and (c) during the period from 1 May 2002 to the imposition day for the contribution year (inclusive): (i) under the employment arrangement with the Commonwealth, State or Territory agency by whom the person is employed, the person did not have a right to engage in private practice in a medical profession, other than in relation to pre‑booked patients who were treated by the person before 31 December 2002; and (ii) the person has not received income as a medical practitioner, other than income received in his or her capacity as a public sector specialist or any income received in relation to pre‑booked patients who were treated by the person before 31 December 2002; and (d) before the payment day for that person for the contribution year, the person gives to the Chief Executive Medicare a notice in writing from the Commonwealth, State or Territory agency by whom the person is employed stating that: (i) the agency recognises the person as qualified in the specialty in the medical profession in which the person is currently practising as a public sector specialist; and (ii) the person has been a full‑time, salaried medical officer in public sector employment from 1 May 2002 to the date of the notice (inclusive); and (iii) under the employment arrangement with the Commonwealth, State or Territory agency by whom the person is employed, the person does not have a right to engage in private practice in a medical profession, other than in relation to pre‑booked patients who were treated by the person before 31 December 2002. (1A) A person who does not satisfy the conditions in subregulation (1) for a contribution year, only because the person has not given the notice required by paragraph (1)(d) to the Chief Executive Medicare before the payment day for that person for the contribution year, is taken to have satisfied that condition for the contribution year if the person gives the notice to the Chief Executive Medicare before the end of the period of 6 months starting on that payment day.

Note: A person to whom this subregulation applies for a contribution year is entitled to a refund of any UMP support payment paid by the person for that contribution year—see section 67 of the Act.

(2) In this regulation:

pre‑booked patient, in relation to a person, means a patient with whom the person has, before 1 May 2002, made an arrangement to provide professional services after that date.