34. Determination where advance subsidy paid

(1) As soon as practicable after receiving an application under section 31, the Chief Executive Medicare must determine, in accordance with this Scheme and taking account of the information received in the application and any other relevant information:

(a) whether the contractor was entitled to receive on behalf of the member the amount of advance subsidy paid under this Scheme; and

(b) if so, the amount of subsidy that the contractor was entitled to receive on behalf of that member.

(2) If the Chief Executive Medicare determines that the amount of subsidy the contractor was entitled to receive is greater than the amount of advance subsidy paid under Part 5, the Chief Executive Medicare must pay to the contractor as a subsidy under this Scheme the difference between the amount paid under Part 5 and the amount of subsidy determined by the Chief Executive Medicare under this Part.