9AATerminating products—portability requirements

9AA Terminating products—portability requirements

(1) For paragraph 78‑1 (5A) (c) of the Act, the matters are: (a) that the policy forms part of a product, or belongs to a product subgroup, that is being terminated and that will not be available to any person insured under a policy that forms part of the product or that belongs to the product subgroup, as appropriate (a terminating policy); and (b) that, as a consequence, the persons insured under the policy are to be transferred to another insurance policy; and (c) the date by which the transfer is to take place (the transfer date); and (d) that: (i) before the transfer date, the persons insured under the policy may transfer to any insurance policy of their choosing; but (ii) if they do not do so before the transfer date, they will be transferred, on the transfer date, to a specified insurance policy (the default policy); and (e) the matters set out in subrule(2) that relate to the default policy; and (f) the other matters set out in subrule (3) that relate to the transfer. Matters that relate to the default policy (2) For paragraph (1) (e), the matters are: (a) the private health information statement for the default policy; and (b) details of the premium that would be payable for the default policy, including any increase in the premium under Part 2‑3 of the Act (lifetime health cover), and any discounts that might apply; and (c) details of: (i) any treatments that are covered under the terminating policy that will not be covered under the default policy; and (ii) any differences between the excesses or co‑payments payable under the terminating policy and the default policy. Other matters that relate to the transfer (3) For paragraph (1) (f), the matters are: (a) that if: (i) a person transfers from the terminating policy to another policy, or is transferred to the default policy; and (ii) there are particular hospital treatments or hospital‑substitute treatments that are covered by both the terminating policy and the policy to which the person transfers or is transferred; for each such treatment, to the extent that the person has satisfied the waiting period (if any) under the terminating policy, the person will have satisfied the waiting period (if any) under the other policy; but (b) that if: (i) a person is transferred from the terminating policy to the default policy; and (ii) the person subsequently transfers from the default policy to another insurance policy (the replacement policy); then: (iii) if there are any treatments that were not covered by the default policy but that are covered by the replacement policy—the person may be subject to a waiting period under the replacement policy in respect of those treatments, even if the treatments were originally covered by the terminating policy; and (iv) if the default policy had higher excesses or co‑payments than the replacement policy—those higher excesses or co‑payments might, for a period of time, continue to apply under the replacement policy.