HEALTH INSURANCE ACT 1973 - SECT 129AEF Recoverable amounts may be set off
HEALTH INSURANCE ACT 1973 - SECT 129AEF
Recoverable amounts may be set off(1) This section applies in relation to an amount (the recoverable amount ) recoverable from a person, or from the estate of that person, as a debt due to the Commonwealth if the amount is one of the following:
(a) an unpaid amount under paragraph 92(4)(e) or (f);
(aa) an amount under subsection 129AC(1), (1A), (1C), (1E) or (1G) where:
(i) any rights of review by the Chief Executive Medicare (the CEO ) under section 129AAJ have been exhausted or have expired; and
(ii) the 3 month period referred to in subparagraph 129AC(2)(c)(i) has expired;
(ab) an amount of interest under subsection 129AC(2);
(ac) an amount under paragraph 129ACA(3)(b) or (c) where any rights of review by the CEO under section 129ACB have been exhausted or have expired;
(b) an amount under section 129AD where:
(i) the amount is specified in a final determination under section 106TA; and
(ii) the Commonwealth is the payee;
(c) an amount under section 129AE.
(2) The CEO may, on behalf of the Commonwealth, set off the whole or a part of the recoverable amount against the whole or a part of an amount payable (the payable amount ) to the person or estate under this Act.
(3) However, an amount set off under subsection (2) must not exceed:
(a) 20% of the payable amount; or
(b) if the CEO and the person or estate agree to a higher percentage of the amount payable--that percentage.
(4) To avoid doubt, the payable amount is taken to have been
paid in full to the person or estate if the payable amount, less any amount
set off against the amount under subsection (2), is paid to the person
or estate.