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Amendment of section 7A of Act of 1994.
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7.— Section 7A of the Act of 1994 is amended—
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(a) by substituting the following subsection for subsection (1):
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“(1) In this section, ‘ insured person ’ means any person, other than the registered undertaking, who—
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(a) is party to or named in the health insurance contract concerned (other than a health insurance contract of a type referred to in section 10(3)), and
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(b) is of or over the age of 30 years.”,
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(b) by substituting the following subsections for subsection (2):
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“(2) Notwithstanding section 7 but subject to subsection (2A), a registered undertaking may require, on account of any of the circumstances referred to in paragraph (a), (b), (c), (cc) or (d) of subsection (4), the payment under a health insurance contract of a net premium the amount of which is greater than that of the net premium (in this section referred to as the ‘unadjusted net premium’) which could have been required to be paid if this section had not been enacted.
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(2A) A registered undertaking shall ensure that any requirement it has made under subsection (2) is not withdrawn and otherwise continues to have effect.”,
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(c) in subsection (4)—
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(i) in paragraph (c), by substituting “13 weeks” for “12 months”, and
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(ii) by inserting the following paragraph after paragraph (c):
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“(cc) in the period of the 13 weeks preceding the date on which the registered undertaking concerned was requested to effect the health insurance contract, a health insurance contract was in force in respect of which the insured person was a party to or named in the contract and in respect of whom any registered undertaking providing that contract could have required the payment of a net premium that was greater than the unadjusted premium,”,
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(d) in subsection (5)—
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(i) by substituting “net premium” for “premium”, and
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(ii) by substituting “unadjusted net premium” for “unadjusted premium”,
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(e) in subsection (6), in paragraph (b), by substituting “unadjusted net premium” for “unadjusted premium”, and
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(f) in subsection (7), in paragraph (a), by substituting “unadjusted net premium” for “unadjusted premium”.
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