Commonwealth Numbered Acts

HEALTH LEGISLATION (PHARMACEUTICAL BENEFITS) AMENDMENT ACT 1991 No. 119 of 1991 - SECT 12

12. Section 87A of the Principal Act is repealed and the following section is
substituted: Entitlement to refund in certain circumstances

"87A. If:

   (a)  an approved supplier did not supply a pharmaceutical benefit to a
        person on terms that are appropriate for the supply of a benefit to:

   (i)  the holder of a concession card or entitlement card; or

   (ii) a concessional beneficiary; or

   (iii) a dependant of a concessional beneficiary; or

   (iv) an eligible person other than a person referred to in subparagraph
        (i), (ii) or (iii); because the supplier was not satisfied that the
        person was entitled to receive the benefit on those terms; and

   (b)  the Secretary is satisfied that the person was entitled at the time to
        receive the benefit on those terms; the person is entitled to be paid
        by the Commonwealth an amount equal to the difference between:

   (c)  the amount that he or she paid; and

   (d)  the amount payable for the supply of the benefit on those terms.".