282‑1 Recovery of payments282‑1 Recovery of payments

282‑1 Recovery of payments (1) The following amounts are recoverable as debts due to the Commonwealth: (d) so much of a payment made under section 279‑15 as relates to a *complying health insurance policy that covers a person who was: (i) a *participant in the premiums reduction scheme for the financial year concerned in respect of the policy; and (ii) not eligible to participate in that scheme in respect of that policy; (e) so much of a payment made under section 279‑15 as relates to a premium for which a reduction was not allowable under section 23‑1; (f) 150% of so much of a payment made under section 279‑15 as: (i) is not reflected in reductions in premiums payable under complying health insurance policies issued by the private health insurer concerned; or (ii) relates to a person whose application under subsection 23‑15(1) has not been retained by the private health insurer as required by section 23‑45; or (iii) relates to a person whose application under subsection 23‑15(1) has been so retained, but has not been produced to the Chief Executive Medicare by the private health insurer in accordance with a requirement made by the Chief Executive Medicare under section 279‑55; (g) so much of a payment made under section 279‑15 that is not an amount by which premiums under a complying health insurance policy issued by the private health insurer were reduced because of the operation of Division 23; (ga) so much of a payment made under section 279‑15 in relation to a claim for reimbursement as relates to a premium for which a reduction was made before the 36 month period ending before the month in which the claim was made; (gb) so much of a payment made under section 279‑15 as: (i) relates to a premium for which a reduction was made while the private health insurer was not a *participating insurer; or (ii) relates to a premium for which a reduction was made where the amount of the reduction has previously been reimbursed to the private health insurer under Division 279; (h) interest payable under subsection 282‑5(2). (1A) However, an amount is not recoverable under paragraph (1)(d), (e), (f) or (g) if the situation giving rise to the amount occurred because: (a) the private health insurer relied on information provided to the private health insurer by, or on behalf of, a person who is, or was, a *participant in the *premiums reduction scheme; and (b) the provided information was incomplete or inaccurate. (2) The amounts are recoverable from: (b) if paragraph (1)(d), (e), (f), (g), (ga) or (gb) applies—the private health insurer to which the payment concerned was made; or (c) if paragraph (1)(h) applies: (i) if the payment was made to a private health insurer—that insurer; or (ii) if the payment was made to an individual—the individual or his or her estate. (3) An amount recoverable under subsection (1) is recoverable whether or not any person has been convicted of an offence relating to the payment.