PART 3N.I.Discount recovery

CHAPTER 4N.I.Procedure for discount recovery

Invalid, erroneous or absent discount recovery claimsN.I.

41.—(1) Where the Secretary of State considers that a claim submitted by a supplier is not a valid discount recovery claim, the Secretary of State may—

(a)decline to make any payment in respect of it, or

(b)elect to pay part only of the amount claimed,

until the invalidity is corrected or the claim is replaced by a valid discount recovery claim.

(2) Where the Secretary of State considers that a discount recovery claim is valid but any amount set out in the claim is erroneously stated—

(a)the Secretary of State, after taking reasonable steps to resolve the matter with the supplier, may adjust the amount of the claim to reflect what the Secretary of State considers to be the correct amount;

(b)the amount payable under regulation 34 by or to the Secretary of State in respect of the discount recovery claim is the adjusted amount under sub-paragraph (a).

(3) If in a claim window a supplier does not submit a discount recovery claim, and the Secretary of State considers that, if a claim had been submitted on the last day of the claim window, the recovery claim amount, calculated disregarding any base recovery amount, would be an amount payable to the Secretary of State—

(a)the Secretary of State may give notice to the supplier setting out that recovery claim amount and details of how it was calculated;

(b)the notice is to be treated as a valid discount recovery claim for the purposes of this Chapter.

Commencement Information