OpenLegislation

Regulation 60 Overpayment notices and offsettingI1

England, Wales and Scotland

(1)

The Authority may take one of the steps set out in paragraph (2) where the Authority is satisfied that a F1participant, former participant, NRI or former NRI has received RHI payments (“overpayments”) which—

(a)

exceed the amount to which that person was entitled under these Regulations;

(b)

were paid whilst there was a failure by that person to comply with an ongoing obligation or following such a failure; F2...

(c)

were paid for an accredited domestic plant which was given accreditation wholly or partly as a result of the provision of information which was incorrect in a material particular F3; or

(d)

were paid to an NRI or former NRI who became registered wholly or partly as a result of the provision of information which was incorrect in a material particular.

(2)

The steps set out in this paragraph are—

(a)

requiring a F4participant, former participant, NRI or former NRI who has received overpayments to repay a specified sum in relation to some or all of those overpayments; or

(b)

offsetting a specified sum in relation to some or all of those overpayments against future RHI payments F5payable in respect of any accredited domestic plant for which that person is the participant or NRI.

(3)

Within 21 days of a decision to take action under paragraph (1) the Authority must send the F6participant, former participant, NRI or former NRI who has received any overpayments a notice specifying—

(a)

the value of any RHI payments which the Authority believes are overpayments;

(b)

the specified sum which the Authority is seeking to recover;

(c)

whether the specified sum must be repaid or will be offset;

(d)

where applicable, the date by which the specified sum must be repaid; and

(e)

the F7participant’s, former participant’s, NRI’s or former NRI’s right of review.

(4)

Where a F8participant, former participant, NRI or former NRI who is required to repay a specified sum under this regulation fails to make payment in full by the date specified under paragraph (3)(d), the Authority may recover any outstanding sum as a civil debt.

(5)

The Authority must not require a F9participant, former participant, NRI or former NRI to repay, or offset, a specified sum which exceeds any overpayments received by that person.

Annotations

Textual amendments

F1

Words in reg. 60(1) substituted (22.5.2018) by The Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2018 (S.I. 2018/610), regs. 1, 30(1)(a)

F2

Word in reg. 60(1) omitted (22.5.2018) by virtue of The Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2018 (S.I. 2018/610), regs. 1, 30(1)(b)

F3

Reg. 60(1)(d) and word inserted (22.5.2018) by The Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2018 (S.I. 2018/610), regs. 1, 30(1)(c)

F4

Words in reg. 60(2)(a) substituted (22.5.2018) by The Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2018 (S.I. 2018/610), regs. 1, 30(2)(a)

F5

Words in reg. 60(2)(b) inserted (22.5.2018) by The Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2018 (S.I. 2018/610), regs. 1, 30(2)(b)

F6

Words in reg. 60(3) substituted (22.5.2018) by The Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2018 (S.I. 2018/610), regs. 1, 30(3)(a)

F7

Words in reg. 60(3)(e) substituted (22.5.2018) by The Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2018 (S.I. 2018/610), regs. 1, 30(3)(b)

F8

Words in reg. 60(4) substituted (22.5.2018) by The Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2018 (S.I. 2018/610), regs. 1, 30(4)

F9

Words in reg. 60(5) substituted (22.5.2018) by The Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2018 (S.I. 2018/610), regs. 1, 30(5)

Commencement

I1

Reg. 60 in force at 9.4.2014, see reg. 1