# The Domestic Renewable Heat Incentive Scheme Regulations 2014, Regulation 60: Overpayment notices and offsetting


(1) 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—
(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; or
(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.
(2) The steps set out in this paragraph are—
(a) 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
(b) offsetting a specified sum in relation to some or all of those overpayments against future RHI payments.
(3) 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—
(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 participant’s or former participant’s right of review.
(4) 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.
(5) 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.

---
Source: https://www.legislation.gov.uk/ukdsi/2014/9780111111192/regulation/60 (the official version)
Page: https://openlegislation.uk/draft-domestic-renewable-heat-incentive-scheme-regulations-2014/regulation-60
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.