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DENTAL BENEFITS ACT 2008 - SECT 57

Interest payable on recoverable amounts

Scope

  (1)   This section applies if:

  (a)   an amount (the principal sum ) is recoverable as a debt due to the Commonwealth from a person or estate under section   56 or 56A; and

  (b)   the Chief Executive Medicare has given a written notice to the person or estate claiming the amount as a debt due to the Commonwealth.

Interest payable

  (2)   Interest is payable on the amount of the principal sum that remains unpaid from time to time if:

  (a)   a repayment arrangement in relation to the principal sum was entered into during the relevant period and there is a default (whether before or after the end of the relevant period) in repaying all or part of the principal sum as required by the arrangement; or

  (b)   at the end of the relevant period, a repayment arrangement has not been entered into and all or part of the principal sum remains unpaid.

  (3)   For the purposes of subsection   (2), the relevant period is:

  (a)   the period of 3 months beginning on the day after the written notice is given to the person or estate under paragraph   (1)(b); or

  (b)   such longer period as the Chief Executive Medicare allows.

  (4)   Interest under subsection   (2) is payable from:

  (a)   the day after the end of the relevant period; or

  (b)   such later day ordered by a court in any proceedings instituted by the Commonwealth to recover an amount due under this section.

  (5)   Interest under subsection   (2):

  (a)   is payable at the rate prescribed from time to time for the purposes of subsection   129AC(2) of the Health Insurance Act 1973 ; and

  (b)   is recoverable as a debt due to the Commonwealth from the person or estate.

Definition

  (6)   In this section:

"repayment arrangement" , in relation to a principal sum, means an arrangement entered into by the Chief Executive Medicare and a person, or the person's estate, for the repayment of the principal sum.



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