39.—(1) Payments are only payable under article 36 or 38 in circumstances where the contractor has made available to the Primary Care Trust any information which the Primary Care Trust does not have but needs, and which the contractor either has or could reasonably be expected to provide, in order for the Primary Care Trust to be able to calculate the payment.
(2) The obligations to make payments under article 36 and 38 are subject to any right that the Primary Care Trust may have to set off against any amount payable to the contractor under the default contract any amount—
(a)that is owed by the contractor to the Primary Care Trust under the default contract; or
(b)that the Primary Care Trust may withhold or deduct as a contract sanction, in accordance with the terms of the default contract.
(3) A Primary Care Trust may—
(a)require repayment of any amount that has been paid to a contractor under its default contract but to which the contractor was not entitled; and
(b)set off against any amount payable under a default contract an amount that has been paid to a contractor under its default contract but to which the contractor was not entitled.