PART 3Discount recovery
CHAPTER 1Entitlements in respect of discount recovery
Payment of amounts in respect of discount recoveryI134
1
The amount payable in respect of a supplier’s discount recovery claim as a whole (“the recovery claim amount”) is, subject to the application of regulation 41, the sum of—
a
the supply contract recovery amounts payable in respect of each of its supply contracts, and
b
any amount carried forward from the preceding discount recovery claim under paragraph (3)(b).
2
The recovery claim amount is payable—
a
to the supplier, or
b
as the case may be, to the Secretary of State, subject to paragraph (3)(b),
no later than the 10th business day after the last day of the claim window in which the claim was submitted.
3
If (in respect of a discount recovery claim) the recovery claim amount is negative—
a
that amount is payable (disregarding its negative sign) by the supplier to the Secretary of State, but
b
the Secretary of State may, by notice to the supplier, elect that such amount is to be carried forward and deducted in calculating the recovery claim amount under the next following discount recovery claim submitted by the supplier.
4
Where any amount is owing and unpaid by a supplier to the Secretary of State under either the electricity scheme or the gas scheme, the Secretary of State may set that amount off against any amount which is payable to the supplier by the Secretary of State under either the electricity scheme or the gas scheme.
5
Where any amount is owing and unpaid by a supplier to the Secretary of State under either the scheme or EBRS, the Secretary of State may set that amount off against any amount which is payable to the supplier by the Secretary of State under either EBRS or the scheme.
6
If an amount payable by a supplier or the Secretary of State under this regulation is not paid by the due date, simple interest is payable on the unpaid amount, from the day following the due date until the day on which the amount is paid in full, at a rate calculated as base rate plus 2% per annum.
7
An amount payment of which is withheld by the Secretary of State under regulation 37 is not an amount payable by the Secretary of State for the purposes of paragraph (5) unless and until the amount is released under regulation 38.
8
An amount payable to a supplier or the Secretary of State under this regulation is recoverable as a civil debt by the person to which it is payable.