23Expenses incurred in obtaining Pharmaceutical Benefits while not in receipt of a pharmaceutical allowance

23  Expenses incurred in obtaining Pharmaceutical Benefits while not in receipt of a pharmaceutical allowance

  Where a person would have been eligible to receive a pharmaceutical allowance under section 300 of the Act during a period, but the Department:

 (a) did not have the information needed to enable the Commission to make payment of the pharmaceutical allowance; and

 (b) has obtained that information since that period; and

the person:

 (c) was not in receipt of that allowance during that period; and

 (d) has incurred expenses in obtaining Pharmaceutical benefits during that period which could be obtained under this Scheme; and

 (e) has provided material which satisfies the Commission that the person has incurred those expenses,

the Commission may reimburse the person for any or all of those expenses.  The maximum amount which may be reimbursed is the amount that the person would have been entitled to receive by way of pharmaceutical allowance during that period had the Department had the information needed to enable the Commission to make payment of the allowance.