Regulation 60 Overpayment notices and offsetting
The Authority may take one of the steps set out in paragraph (2) where the Authority is satisfied that a participant or former participant has received RHI payments (“overpayments”) which—
exceed the amount to which that person was entitled under these Regulations;
were paid whilst there was a failure by that person to comply with an ongoing obligation or following such a failure; or
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.
The steps set out in this paragraph are—
requiring a participant or former participant who has received overpayments to repay a specified sum in relation to some or all of those overpayments; or
offsetting a specified sum in relation to some or all of those overpayments against future RHI payments.
Within 21 days of a decision to take action under paragraph (1) the Authority must send the participant or former participant who has received any overpayments a notice specifying—
the value of any RHI payments which the Authority believes are overpayments;
the specified sum which the Authority is seeking to recover;
whether the specified sum must be repaid or will be offset;
where applicable, the date by which the specified sum must be repaid; and
the participant’s or former participant’s right of review.
Where a participant or former participant 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.
The Authority must not require a participant or former participant to repay, or offset, a specified sum which exceeds any overpayments received by that person.