(1) The amount of a high cost claim indemnity is:
(a) 50%; or
(b) such other percentage as is specified in the rules;
of the amount by which the amount of the MDO's or insurer's qualifying payment, or the sum of the amounts of the MDO's or insurer's qualifying payments, exceeds the high cost claim threshold.
(2) Rules that specify for the purposes of paragraph (1)(b) a percentage that is less than the percentage in force at the time the rules are registered on the Federal Register of Legislation must not commence earlier than 12 months after the day on which the rules are so registered.