Private Health Insurance Act 2007

Pt 2-2 heading substituted by No 105 of 2013, s 3 and Sch 2 item 3, effective 1 July 2013. The heading formerly read:

PART 2-2 - PREMIUMS REDUCTION AND INCENTIVE PAYMENTS SCHEMES

Div 26 repealed by No 105 of 2013, s 3 and Sch 2 item 6, effective 1 July 2013. For saving provisions, see note under s 328-5 .

Subdiv 26-A repealed by No 105 of 2013, s 3 and Sch 2 item 6, effective 1 July 2013. For saving provisions, see note under s 328-5 .

S 26-1 repealed by No 105 of 2013, s 3 and Sch 2 item 6, effective 1 July 2013. For saving provisions, see note under s 328-5 . S 26-1 formerly read:

SECTION 26-1 PAYMENT IN RELATION TO PREMIUMS  
Entitlement to payment

26-1(1)
A person is entitled to a payment under this subsection if:
(a) a premium was paid (whether or not by the person) under a *complying health insurance policy in respect of a period; and
(b) the person is a *PHIIB in respect of the premium; and
(c) the amount of the premium was not reduced under Division 23; and
(d) the person meets any requirements specified in the Private Health Insurance (Incentives) Rules for the purposes of this paragraph.

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History

S 26-1(1) substituted by No 26 of 2012, s 3 and Sch 1 item 14, applicable in relation to premiums, and amounts in respect of premiums, paid on and after 1 July 2012. No 26 of 2012, s 3 and Sch 1 item 15 contains the following saving provision:

15 Saving provision - Private Health Insurance (Incentives) Rules  
(1)
This item applies to a requirement specified in the Private Health Insurance (Incentive) Rules if:
(a) the requirement was specified for the purposes of paragraph 26-1(1)(c) of the Private Health Insurance Act 2007 ; and
(b) the requirement was in force immediately before the commencement of this item.

(2)
The requirement has effect, on and after the commencement of this item, as if it had been made for the purposes of paragraph 26-1(1)(d) of that Act as amended by this Schedule.

S 26-1(1) formerly read:

26-1(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.

Amount of payment

26-1(2)
The amount of the payment is the *PHII benefit in respect of the premium.

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History

S 26-1(2) substituted by No 26 of 2012, s 3 and Sch 1 item 14, applicable in relation to premiums, and amounts in respect of premiums, paid on and after 1 July 2012.

S 26-1(2) formerly read:

26-1(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.

26-1(12A)
However, if there is more than one *PHIIB in respect of the premium, the amount of the payment is the *PHII benefit in respect of the premium divided by the number of those PHIIBs.

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History

S 26-1(2A) inserted by No 26 of 2012, s 3 and Sch 1 item 14, applicable in relation to premiums, and amounts in respect of premiums, paid on and after 1 July 2012.

Payment if there is more than one PHIIB

26-1(3)
If subsection (2A) applies and the person is paid the amount to which he or she is entitled under subsection (1) in respect of the premium:
(a) the person is also to be paid each amount to which another person is entitled under subsection (1) in respect of the premium because the other person is one of those *PHIIBs; and
(b) if the person is paid an amount in accordance with paragraph (a) - he or she is liable to account for that amount to the other person mentioned in that paragraph.

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History

S 26-1(3) substituted by No 26 of 2012, s 3 and Sch 1 item 14, applicable in relation to premiums, and amounts in respect of premiums, paid on and after 1 July 2012. S 26-1(3) formerly read:

26-1(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.

Reduction in amount payable

26-1(4)
A person ' s entitlement under subsection (1) in respect of the premium is reduced to the extent that:
(a) a previous payment was made under this section in relation to that entitlement; or
(b) the person has received a tax offset under Subdivision 61-G of the Income Tax Assessment Act 1997 in respect of the premium.

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History

S 26-1(4) substituted by No 26 of 2012, s 3 and Sch 1 item 14, applicable in relation to premiums, and amounts in respect of premiums, paid on and after 1 July 2012. S 26-1(4) formerly read:

26-1(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.

S 26-1(4) amended by No 32 of 2007, s 3 and Sch 3 item 9E, by substituting " Subdivision 61-G " for " Subdivision 61-H " , effective 1 July 2007.

26-1(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.