Persons allowed rebate or deferment incorrectly
39 Persons allowed rebate or deferment incorrectly
Where it appears to an administrative authority by which the entitlement of a person is registered that, consequent upon a contravention of this Act, the entitlement of that person has unlawfully continued to be registered when —
the person was not eligible to have the entitlement registered; or
the entitlement did not exist,
that administrative authority may determine that the entitlement shall be taken for the purposes of this Act not, since the contravention, to have been correctly registered and effect shall not be given to the registration.
Where an administrative authority determines that a rebate or deferment was allowed, purportedly under this Act, on any prescribed charge to a person to whom it should not have been allowed —
the rebate purportedly allowed is of no effect; and
the amount paid shall be taken to have been paid in partial satisfaction of the prescribed charge; and
the amount, or the balance, of the rebate or of the amount deferred —
is payable to the relevant administrative authority on demand; and
is recoverable by the administrative authority in any court of competent jurisdiction;
and
that person is liable to any penalty in respect of arrears of that prescribed charge that may apply apart from this Act; and
if —
the amount of a rebate purportedly allowed has been reimbursed under section 17, the reimbursement shall be reversed; or
interest has been allowed under section 17 on deferral of a payment the interest shall be repaid,
whether or not the person concerned has contravened this Act.
Where a rebate was allowed by reference to an apportionment made on a basis different from the entitlement the person concerned in fact should have had, so that the rebate purportedly allowed was more than it should have been —
the rebate purportedly allowed shall be reduced to the correctly apportioned rebate; and
the amount paid shall be taken to have been paid in partial satisfaction of the prescribed charge; and
if the amount of the rebate mistakenly allowed has been reimbursed under section 17, the reimbursement shall be adjusted accordingly.
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