# The Renewable Heat Incentive Regulations 2011, Regulation 48: Overpayment notices and offsetting


(1) Where the Authority is satisfied that a participant has received a periodic support payment which exceeds that participant’s entitlement or has received a periodic support payment whilst failing to comply with an ongoing obligation it may—
(a) require the participant to repay the periodic support payment as a civil debt owed to the Authority; or
(b) offset the periodic support payment against any future periodic support payments.
(2) Within 21 days of a decision to offset or require the participant to repay any periodic support payment the Authority must send the participant a notice specifying—
(a) the periodic support payment which the Authority believes has been overpaid and the sum which it is seeking to recover from the participant;
(b) whether the sum specified in sub-paragraph (a) will be recovered in accordance with paragraph (1)(a) or (1)(b);
(c) where applicable, a date by which the sum specified in sub-paragraph (a) must be repaid;
(d) the consequences of failing to make any repayments requested including potential sanctions or civil action; and
(e) details of the participant’s right of review including any relevant time limits.

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Source: https://www.legislation.gov.uk/ukdsi/2011/9780111512753/regulation/48 (the official version)
Page: https://openlegislation.uk/draft-renewable-heat-incentive-regulations-2011/regulation-48
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.