Private Health Insurance Incentives Regulations 1998 (Cth)

Private Health Insurance Incentives Regulations 1998

Statutory Rules 1998 No. 375 as amended

made under the

Private Health Insurance Incentives Act 1998

This compilation was prepared on 11 June 2003

taking into account amendments up to SR 2001 No. 183

Prepared by the Office of Legislative Drafting,

Attorney-General’s Department, Canberra

Contents

    1Name of regulations [see Note 1]

 These regulations are the Private Health Insurance Incentives Regulations 1998.

2Commencement

 These regulations commence on 1 January 1999.

3Definitions

 In these regulations:

30% Rebate logo means the logo described in regulation 7.

Act means the Private Health Insurance Incentives Act 1998.

Federal Government 30% Rebate on private health insurance, in relation to an appropriate private health insurance policy, means:

• (a)

  the incentive payments scheme for an amount of premium paid under the policy; or

• (b)

  the premiums reduction scheme for a premium payable under the policy; or

• (c)

  the private health insurance tax offset.

private health insurance tax offset means a tax offset, under the Income Tax Assessment Act 1997,for a premium, or in respect of a premium, paid under an appropriate private health insurance policy.

Note   The following expressions used in these regulations are defined in the Act (see s 20-5):

•

appropriate private health insurance policy

•

health fund

•

incentive payments scheme

•

participant in the premiums reduction scheme

•

participating fund

•

pay (a premium)

•

premiums reduction scheme

•

private health insurance policy. 

4Conditions of participation (Act para 14A-1 (1) (b))

• (1)

  The Minister may revoke a health fund’s status as a participating fund if the fund fails to comply with any of the following conditions:

  • (a)

    on or before 15 July of each year, the fund must issue, to each participant in an appropriate private health insurance policy issued by the fund, a written statement, in accordance with regulation 6, setting out:

    • (i)

      the amount of the premium paid under the policy in respect of the participant for the previous financial year; and

    • (ii)

      the amount of the reduction, under the premiums reduction scheme, for the premium;

  • (b)

    before increasing the amount of the premium, the fund must issue to each participant affected by the increase written notice of:

    • (i)

      the amount of the premium; and

    • (ii)

      the increase in the amount of the premium; and

    • (iii)

      the date when the increase takes effect; and

    • (iv)

      the fact that the dollar value of the reduction under the Federal Government 30% Rebate has increased; and

    • (v)

      the new amount of the reduction; and

    • (vi)

      the new amount of the premium;

  • (c)

    the fund must use the phrase “Federal Government 30% Rebate on private health insurance” or the 30% Rebate logo in:

    • (i)

      advertisements for the Federal Government 30% Rebate on private health insurance; and

    • (ii)

      annual statements under paragraph (a); and

    • (iii)

      written notices under paragraph (b); and

    • (iv)

      forms that are given in relation to the premiums reduction scheme; and

    • (v)

      correspondence relating to the premiums reduction scheme. 

• (2)

  In this regulation:

  paid includes an amount of premium taken to have been paid because the amount has been received by a person who is obliged, under an arrangement between the participant, the person and the health fund, to pay that amount to the health fund.

  participant means a person to whom section 12-10 of the Act applies in relation to the appropriate private health insurance policy.

6Statements to policy participants – requirements

• (1)

  A statement under paragraph 4 (1) (a):

  • (a)

    must not include, be included with or accompany, information other than information permitted under subregulation (2); and

  • (b)

    must not include, be included with or accompany, a written notice of increase of premium under paragraph 4 (1) (b).

• (2)

  For subregulation (1), permitted information includes:

  • (a)

    information that relates directly to the Federal Government 30% Rebate on private health insurance; and

  • (b)

    information given under regulation 10 of the National Health (Lifetime Health Cover) Regulations 2000; and

  • (c)

    information about the Medicare levy surcharge imposed under the Medicare Levy Act 1986 or the A New Tax System (Medicare Levy Surcharge — Fringe Benefits) Act 1999; and

  • (d)

    information about private health insurance that the Department:

    • (i)

      has provided to participating funds; and

    • (ii)

      has identified as being available to be included with, or to accompany, a statement under paragraph 4 (1) (a).

730% Rebate logo

• (1)

  The logo for the Federal Government 30% Rebate on private health insurance is:

• (2)

  In any reproduction of the logo:

  • (a)

    the portions other than the shaded areas of the umbrella must be black and white, as shown in subregulation (1); and

  • (b)

    the shaded areas of the umbrella must be:

    • (i)

      in the case of monochrome reproduction — 60% black; and

    • (ii)

      in any other case — red (PMS 032).

Notes to the Private Health Insurance Incentives Regulations 1998

Note 1

The Private Health Insurance Incentives Regulations 1998 (in force under the Private Health Insurance Incentives Act 1998) as shown in this compilation comprise Statutory Rules 1998 No. 375 amended as indicated in the Tables below.

Table of Statutory Rules

Year and number	Date of notification in Gazette	Date of commencement	Application, saving or transitional provisions
1998 No. 375	22 Dec 1998	1 Jan 1999
1999 No. 2	5 Feb 1999	5 Feb 1999	—
1999 No. 347	22 Dec 1999	22 Dec 1999	—
2000 No. 107	15 June 2000	1 July 2000	—
2001 No. 124	6 June 2001	6 June 2001	—
2001 No. 183	5 July 2001	5 July 2001	—

Table of Amendments

ad. = added or inserted  am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
R. 3.........................................	am. 1999 No. 2
R. 4.........................................	am. 1999 No. 2
rs. 1999 No. 347
R. 5.........................................	am. 1999 No. 2
rep. 1999 No. 347
R. 6.........................................	am. 1999 Nos. 2 and 347; 2000 No. 107; 2001 No. 183
rs. 2001 No. 124
R. 7.........................................	rs. 1999 No. 2