- Draft legislation
This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Renewable Heat Incentive Scheme Regulations 2011 No. 2860
48. (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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