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The Renewable Heat Incentive Scheme Regulations 2011 (revoked)
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- UK Statutory Instruments
- 2011 No. 2860
- PART 7
- Regulation 48
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Changes over time for: Section 48
Version Superseded: 12/02/2015
Alternative versions:
- 28/11/2011- Amendment
- 24/09/2013- Amendment
- 24/09/2013
Point in time - 12/02/2015- Amendment
- 22/05/2018- Amendment
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Point in time view as at 24/09/2013. This version of this provision has been superseded.
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Overpayment notices and offsettingE+W+S
This section has no associated Explanatory Memorandum
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 [F1or in circumstances where regulation 47 (1A) applies,] 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.
Textual Amendments
F1Words in reg. 48(1) inserted (24.9.2013) by The Renewable Heat Incentive Scheme (Amendment) (No. 2) Regulations 2013 (S.I. 2013/2410), regs. 1, 26
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