163Rebate of premium where fraud or mistake involved in claims

163 Rebate of premium where fraud or mistake involved in claims

163 Rebate of premium where fraud or mistake involved in claims

(1) An employer is entitled to a rebate for an overpayment of an insurance premium if—

(a) an amount of a claim was included in the costs of claims used in the calculation of the insurance premium, and

(b) on or after 1 January 2000—

(i) a court in a criminal prosecution determined that the claim or part of the claim was fraudulent (whether or not a person is convicted for the fraud), or

(ii) the Compensation Court or the Commission in a final determination determined that the claim was made by a person who was not a worker, or

(iii) the Authority is satisfied that the claim is one to which section 235B of the 1998 Act applies, or

(iv) the Authority has made an order under section 235D of the 1998 Act in relation to the claim.

(2) An employer is entitled to such a rebate in relation to each period of insurance for which the amount of a claim referred to in subclause (1) was included in the calculation of the insurance premium for that period.

(3) The amount of the rebate that an employer is entitled to under this clause is to be determined by the Authority.