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I worked overseas since 1995 and my employer covered all my…

Customer Question
I worked overseas since...

I worked overseas since 1995 and my employer covered all my health expenses so I stopped paying private heath insurance in Australia. I moved back to Sydney in 2000 but was still covered by my employer but my accountant told me in 2012 that I was charged an extra amount by the tax office because I didn't have private hospital cover in Australia. I got letters from my HR department showing that I was covered but because the insurer they used was not registered in Australia, the Australian govt did not recognise my cover. I have paid the lifetime Health service loading since 2012 but feel this is not fair. I have contacted my health Insurer (Frank Health Cover) but to no avail. I have also written to my local member also to no avail. Do I have a case to fight this because I feel this is so unfair, I have always had insurance cover. Regards *****: Have you discussed this with a manager or HR? Or with a lawyer?

I have with the HR manager but not with a lawyer

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

I am now fully retired and my health insurance payments are HUGE with the loading hence my question

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, I just want to know if there is any avenue for me to protest against this loading when I have always been insured - albeit overseas

Submitted: 4 months ago.Category: Australia Law
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Answered in 5 minutes by:
3/20/2018
Solicitor: Leon, Solicitor replied 4 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,901
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

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Customer reply replied 4 months ago
thanks
Customer reply replied 4 months ago
no thanks to the call option
Solicitor: Leon, Solicitor replied 4 months ago

Good Morining

Unfortunately the insurance company must be registered and have its offices in Australia for you to be eligible to receive the discount and not pay the extra amount on Medicare.

The law is very clear it must be an Australian registered health fund in order for you to be entitled.

There is absolutely nothing that can be done even to take the matter further to the administrative appeals Tribunal, it is set in stone in the legislation in order to obtain the lifetime health, and not have to pay extra on Medicare, it must be an Australian registered health insurer.

Add your employer when you moved to Australia changed to an Australian registered health insurer then you would have been covered.

I'm really sorry I cannot give you any better news.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. You rating my work 5 stars allows me to continue to provide a service to those who require it.

I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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