1A

In sub-paragraph (1) above—

a

the reference in paragraph (a) to an amount which the Commissioners are liable to repay in consequence of the making of a payment that was not due is a reference to only so much of that amount as is the subject of a claim that the Commissioners are required to satisfy or have satisfied; and

b

the amounts referred to in paragraph (c) do not include any amount payable under this paragraph.

9

A claim under this paragraph shall not be made more than three years after the end of the applicable period to which it relates.

10

References in this paragraph to the authorisation by the Commissioners of the payment of any amount include references to the discharge by way of set-off of the Commissioners’ liability to pay that amount.

5

In determining the applicable period for the purposes of this paragraph there shall be left out of account any period by which the Commissioners’ authorisation of the payment of interest is delayed by the conduct of the person who claims the interest.

5A

The reference in sub-paragraph (5) above to a period by which the Commissioners’ authorisation of the payment of interest is delayed by the conduct of the person who claims it includes, in particular, any period which is referable to—

a

any unreasonable delay in the making of the claim for interest or in the making of any claim for the payment or repayment of the amount on which interest is claimed;

b

any failure by that person or a person acting on his behalf or under his influence to provide the Commissioners—

i

at or before the time of the making of a claim, or

ii

subsequently in response to a request for information by the Commissioners,

with all the information required by them to enable the existence and amount of the claimant’s entitlement to a payment or repayment, and to interest on that payment or repayment, to be determined; and

c

the making, as part of or in association with either—

i

the claim for interest, or

ii

any claim for the payment or repayment of the amount on which interest is claimed,

of a claim to anything to which the claimant was not entitled.

6

In determining for the purposes of sub-paragraph (5A) above whether any period of delay is referable to a failure by any person to provide information in response to a request by the Commissioners, there shall be taken to be so referable, except so far as may be provided for by regulations, any period which—

a

begins with the date on which the Commissioners require that person to provide information which they reasonably consider relevant to the matter to be determined; and

b

ends with the earliest date on which it would be reasonable for the Commissioners to conclude—

i

that they have received a complete answer to their request for information;

ii

that they have received all that they need in answer to that request; or

iii

that it is unnecessary for them to be provided with any information in answer to that request.