35. Repayment of advance subsidy

If the Chief Executive Medicare determines under section 34 that the amount of subsidy the contractor was entitled to receive on behalf of the member is less than the amount of advance subsidy paid under Part 5, or the Chief Executive Medicare determines that no subsidy is payable, for the premium period to which the advance subsidy relates:

(a) the contractor must pay to the Chief Executive Medicare an amount equivalent to the difference between the advance subsidy paid and the amount determined by the Chief Executive Medicare under this Part, or the whole amount of the subsidy, as the case may be; and

(b) that amount is a debt due to the Commonwealth from the contractor.