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