37Amounts paid after payment of run‑off cover Commonwealth contribution

37 Amounts paid after payment of run‑off cover Commonwealth contribution

(1) This section applies if: (a) an amount (the actual run‑off cover amount) of run‑off cover Commonwealth contribution has been paid in relation to an eligible run‑off claim made against an eligible midwife (the midwife); and (b) another amount (not being an amount referred to in subsection (5)) is paid to the midwife, an eligible insurer or another person in relation to the incident to which the claim relates; and (c) the other amount was not taken into account in calculating the actual run‑off cover amount; and (d) if the other amount had been so taken into account, a lesser amount (the reduced run‑off cover amount, which could be zero) of run‑off cover Commonwealth contribution would have been paid in relation to the liability. (2) The amount overpaid is the amount by which the actual run‑off cover amount exceeds the reduced run‑off cover amount. (3) If the Chief Executive Medicare has given an eligible insurer a notice under subsection 39(1) in relation to the amount overpaid, the amount is a debt owed to the Commonwealth by the eligible insurer. (4) The amount overpaid may be recovered: (a) by action by the Chief Executive Medicare against the eligible insurer 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 Level 2 Commonwealth contribution; (d) an amount of a kind specified in the Rules for the purposes of this paragraph.