Commonwealth Consolidated Acts(1) A person is entitled to a payment under this Division if:
(a) the person has paid, or a person's employer has paid as a * fringe benefit for the person, premiums under a * complying health insurance policy for the whole or a part of a financial year; and
(b) the amount of premiums was not reduced under Division 23; and
(c) the person meets any requirements specified in the Private Health Insurance (Incentives) Rules for the purposes of this paragraph.
(2) The amount of the payment is the sum of:
(a) 30% of the amount of the premium paid by a person, or by a person's employer as a * fringe benefit for the person, under the policy in respect of days in the financial year on which no person covered by the policy was aged 65 years or over;
(b) 35% of the amount of the premium paid by a person, or by a person's employer as a fringe benefit for the person, under the policy in respect of days in the financial year on which:
(i) at least one person covered by the policy was aged 65 years or over; and
(ii) no person covered by the policy was aged 70 years or over;
(c) 40% of the amount of the premium paid by a person, or by a person's employer as a fringe benefit for the person, under the policy in respect of days in the financial year on which at least one person covered by the policy was aged 70 years or over.
(3) However, if, before 1 January 1999, a person was registered, or eligible to be registered, under the Private Health Insurance Incentives Act 1997 in respect of the policy, the amount of the payment is the greater of:
(a) the amount worked out under subsection (2); and
(b) the * incentive amount for the policy for the financial year.
(4) The total amount payable under this Division for a policy for a financial year is reduced by the amount of any tax offset received under Subdivision 61-G of the Income Tax Assessment Act 1997 for the total amount of the premium paid by a person, or by a person's employer as a * fringe benefit for the person, under the policy for that financial year.
(5) A private health insurer must give a person a receipt, in the * approved form, for a payment of an amount of premiums (other than an amount that has been reduced under Division 23) if the person requests it.
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