25Amounts paid after payment of Level 2 Commonwealth contribution

25 Amounts paid after payment of Level 2 Commonwealth contribution

(1) This section applies if: (a) an amount (the actual contribution amount) of Level 2 Commonwealth contribution has been paid in relation to a qualifying liability that relates to a claim made against a person (the midwife) or an eligible entity; and (b) another amount (not being an amount referred to in subsection (5)) has been paid in relation to the incident to which the claim relates: (i) if the incident is not a Birthing on Country out‑of‑hospital incident—to a person covered by subsection 24(3); or (ii) if the incident is a Birthing on Country out‑of‑hospital incident—to a person covered by subsection 24(4); and (c) the other amount was not taken into account in calculating the actual contribution amount; and (d) if the other amount had been so taken into account, a lesser amount (the reduced contribution amount, which could be zero) of Level 2 Commonwealth contribution would have been paid in relation to the liability. (2) The amount overpaid is the amount by which the actual contribution amount exceeds the reduced contribution amount. (3) If the Chief Executive Medicare has given the liable person (see subsection 23(2)) a notice under subsection 27(1) in relation to the amount overpaid, the amount overpaid is a debt owed to the Commonwealth by the liable person.

Note 1: If the contribution is or was not dealt with in accordance with whichever of subsections 22(3) and (4) applies by the time required by subsection 22(5), the whole amount of the contribution is a debt owed by the recipient, and no amount is recoverable under this section (see subsections 22(6) to (8)).

Note 2: If:

(a) the recipient and the midwife referred to in subsection 22(1) are not the same person; and
(b) the midwife becomes the liable person;

Note: then (subject to subsection 23(3)), the recipient ceases to be the liable person, and the amount overpaid must instead be recovered from the midwife.

(4) The amount overpaid may be recovered: (a) by action by the Chief Executive Medicare against the liable person in a court of competent jurisdiction; or (b) under section 65. (5) This section does not apply to any of the following: (a) an amount paid to an eligible insurer by another insurer under a right of contribution; (b) a payment of Level 1 Commonwealth contribution; (c) a payment of run‑off cover Commonwealth contribution; (d) an amount of a kind specified in the Rules for the purposes of this paragraph.