Regulation 35 Repayment of credit

(1)

Paragraph (2) applies where—

(a)

a claimant has benefited from an amount of credit to which the claimant was entitled under this Part, and

(b)

either—

(i)

a payment for the relevant transaction is subsequently received, or

(ii)

a payment is, by virtue of regulation 34, treated as attributed to the relevant transaction.

(2)

The claimant must repay to Revenue Scotland such amount as equals the amount of the credit, or the balance thereof, multiplied by a fraction of which the numerator is the amount so received or attributed, and the denominator is the amount of the outstanding consideration.

(3)

Paragraph (4) applies where the claimant—

(a)

fails to comply with the requirements of regulation 33, or

(b)

in relation to the records mentioned in that regulation, fails to comply with either—

(i)

section 99(1) of the RSTP Act, or

(ii)

any obligation arising under 111(4)(a) of that Act.

(4)

The claimant must repay to Revenue Scotland the amount of the claim to which the failure to comply relates.