37Final application to be made within 13 months after end of premium year

37 Final application to be made within 13 months after end of premium year

(1) This section applies if a medical indemnity insurer has a contract of insurance with a medical practitioner that provides professional indemnity cover for the practitioner in relation to a premium period in a premium year and either: (a) the insurer is satisfied that, if the insurer makes a complying application under this section for a subsidy to be paid to the insurer on behalf of the practitioner for the year, an amount of subsidy will be payable to the insurer under subsection 26(1) on behalf of the practitioner for the year; or (b) the insurer has been paid an amount of advance subsidy on behalf of the practitioner for the premium year.

Note: Subsection 26(1) contains the basic rules about the circumstances in which subsidy is payable.

(2) The insurer: (a) may make a complying application within 13 months after the end of the premium year for the subsidy to be paid to the insurer on behalf of the practitioner; and (b) must do so if the insurer has been paid advance subsidy on behalf of the practitioner for the premium year, unless: (i) the insurer made a complying application under section 53 for adjustment of the advance subsidy; and (ii) the Chief Executive Medicare determined under section 39 that the advance subsidy was not payable; and (iii) the insurer has not made a later application under section 36 to be paid subsidy on behalf of the practitioner for the premium year.

Note: If the insurer does not comply with paragraph (b), the insurer must repay the advance subsidy to the Commonwealth: see section 51. If the insurer is not required by paragraph (b) to make an application under this section because subparagraphs (b)(i), (ii) and (iii) apply, the insurer must repay the advance subsidy that was paid: see section 49.