23Who is liable to repay an overpayment of Level 2 Commonwealth contribution?

23 Who is liable to repay an overpayment of Level 2 Commonwealth contribution?

(1) This section applies if, in relation to a Level 2 Commonwealth contribution (the contribution) that has been paid, there is an amount overpaid as described in subsection 25(2) or 64(2). (2) The liable person, in relation to the amount overpaid, is: (a) if the contribution has not yet been dealt with in accordance with whichever of subsections 22(3) and (4) applies—the recipient referred to in subsection 22(1); or (b) if the contribution has been dealt with in accordance with whichever of those subsections applies—the midwife referred to in subsection 22(1).

Note: The recipient and the midwife will be the same person if the contribution was paid to the midwife.

(3) If: (a) the recipient and the midwife referred to in subsection 22(1) are not the same person; and (b) when the overpayment is recovered as a debt, the liable person is the recipient; the fact that the recipient may later deal with the remainder of the contribution in accordance with subsection 22(3) or (4) does not mean that the overpayment should instead have been recovered from the midwife.