Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Despite any other provision of Part 2 - 2 or this Part, if:
(a) except for this section, an amount would be payable by the Chief Executive Medicare to a person or his or her estate, or to a private health insurer, under Part 2 - 2 or this Part; and
(b) an amount is recoverable under section 282 - 1 by the Commonwealth from the person or his or her estate, or from the insurer, as the case may be;
the Chief Executive Medicare may set off the whole or a part of the amount referred to in paragraph (b) against the amount referred to in paragraph (a).
(2) If the Chief Executive Medicare decides to make such a set - off in respect of a person or his or her estate, the Chief Executive Medicare must serve on the person or his or her legal personal representative or the legal personal representative of his or her estate a notice of the decision.
(3) If the Chief Executive Medicare makes such a set - off:
(a) the Chief Executive Medicare is liable to pay to the person or his or her estate, or to the insurer, only the amount remaining after the set - off; and
(b) the amount referred to in paragraph (1)(b) is reduced by the amount set off.