Commonwealth Consolidated Acts

PRIVATE HEALTH INSURANCE ACT 2007 - SECT 26.5

             (1)  If:

                     (a)  at any time, a payment of an amount of 35% or 40% of the premiums payable under an insurance policy (the original policy ) was made to a person because a person aged 65 years or over (the entitling person ) was insured under the original policy; and

                     (b)  at that time, another person (other than a * dependent child) was insured under the original policy; and

                     (c)  the entitling person subsequently ceases to be insured under the original policy;

subsections 26-1(2) and (3) apply in relation to a * complying health insurance policy (whether or not the original policy) under which the other person is insured (other than for the purposes of working out the * incentive amount) as if:

                     (d)  the entitling person were also insured under that policy; and

                     (e)  the entitling person were the same age as the age at which he or she ceased to be insured under the original policy.

             (2)  Subsection (1) ceases to apply if a person (other than a * dependent child) who was not insured under the original policy at the time the entitling person ceased to be insured under it becomes insured under the * complying health insurance policy.

             (3)  Subsection (1) does not apply if its application would result in the amount payable under subsection 26-1(2) or (3) being less than it would otherwise have been.

             (4)  Paragraph (1)(a) applies in relation to a payment of an amount of 35% or 40% of the premiums payable under an insurance policy whether the payment was made under this Part or under Chapter 2 of the Private Health Insurance Incentives Act 1998 .