# The Energy Bill Relief Scheme Regulations 2022, Regulation 28: Release of amounts withheld

Extent: E+W+S

(1) If the Secretary of State withholds payment under regulation 27(1)(b), when it is—
(a) agreed or determined by the supplier under any provision of Part 4, or
(b) determined by the Secretary of State under regulation 63 or 64,
what amounts (if any) are payable to the Secretary of State as a result of the application of any regulation in Part 4, the Secretary of State must release the amount withheld, or so much of it as exceeds any amount agreed or determined to be so payable, within a reasonable time after such agreement or determination.
(2) If—
(a) the Secretary of State withholds payment under regulation 27(1)(c), and
(b) the supplier provides the supporting information or (as the case may be) correct supporting information,
the Secretary of State must, within a reasonable time, release the amount withheld or so much, if any, of it as is shown (by such supporting information) to be payable by the Secretary of State.
(3) If—
(a) the Secretary of State withholds payment under regulation 27(1)(d), and
(b) the supplier demonstrates to the satisfaction of the Secretary of State that the supplier has taken the measures referred to in regulation 27(4)(b),
the Secretary of State must, within a reasonable time, release the amount withheld, less any amount established not to be payable by the Secretary of State.
(4) If the Secretary of State withholds payment under regulation 27(1)(e)—
(a) simple interest at base rate runs on the amount withheld from the day following the day when such amount was otherwise due for payment to the supplier to the day on which it is paid;
(b) the Secretary of State must release the amount withheld, together with the accrued interest or so much, if any, of it as exceeds the amounts finally determined as payable by the supplier, when those amounts are finally determined.
(5) If the Secretary of State withholds payment under regulation 27(1)(f)—
(a) simple interest at base rate runs on the amount withheld from the day following the day when such amount was otherwise due for payment to the supplier to the day on which it is paid;
(b) the Secretary of State must keep under review the amount withheld in comparison with the amounts which are payable in consequence of regulation 29 by the supplier or the Secretary of State;
(c) the Secretary of State may release a part of the amount withheld where, on the basis of the review under sub-paragraph (b), the Secretary of State considers the amount held in reserve exceeds what is appropriate;
(d) the Secretary of State must release the amount withheld, or so much of it as remains withheld, together with accrued interest, within 5 business days after the reconciliation run-off date.

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Source: https://www.legislation.gov.uk/uksi/2022/1100/regulation/28 (the official version)
Page: https://openlegislation.uk/energy-bill-relief-scheme-regulations-2022/regulation-28
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.