Regulation 24 Payment of amounts in respect of discount recoveryI1

England, Wales and Scotland

(1)

The amount payable in respect of a supplier’s discount recovery claim as a whole (“the recovery claim amount”) is, subject to the application of regulation 31, the sum of—

(a)

the supply contract recovery amounts payable in respect of each of its supply contracts, and

(b)

any amount carried forward from the preceding discount recovery claim under paragraph (3)(b)(i).

(2)

The recovery claim amount is payable—

(a)

to the supplier, provided that the discount recovery claim was valid and submitted in compliance with the requirements in regulation 30, or

(b)

as the case may be, to the Secretary of State, subject to paragraph (3)(b),

no later than the 10th business day after the last day of the claim window in which the claim was submitted.

(3)

If (in respect of a discount recovery claim) the recovery claim amount is negative—

(a)

that amount is payable (disregarding its negative sign) by the supplier to the Secretary of State;

(b)

the Secretary of State may, by notice to the supplier, elect—

(i)

that such amount is to be carried forward and deducted in calculating the recovery claim amount under the next following discount recovery claim submitted by the supplier, or

(ii)

that the supplier must pay the amount to the Secretary of State.

(4)

Where any amount is owing and unpaid by a supplier to the Secretary of State under either the electricity scheme or the gas scheme, the Secretary of State may set that amount off against any amount which is payable to the supplier by the Secretary of State under either the electricity scheme or the gas scheme.

(5)

If an amount payable by a supplier or the Secretary of State under this regulation is not paid by the due date, simple interest is payable on the unpaid amount, from the day following the due date until the day on which the amount is paid in full, at a rate calculated as base rate plus 2 percentage points per annum.

(6)

An amount payment of which is withheld by the Secretary of State under regulation 27 is not an amount payable by the Secretary of State for the purposes of paragraph (5) unless and until the amount is released under regulation 28.

(7)

An amount payable to a supplier or the Secretary of State under this regulation is recoverable as a civil debt by the person to which it is payable.

Annotations

Commencement

I1: Reg. 24 in force at 1.11.2022, see reg. 1(1)