Debts relating to clean energy advancesDebts relating to clean energy advances

Debts relating to clean energy advances

3A.7.1 This paragraph applies if: (a) a person has been paid a clean energy advance for a clean energy underlying payment; and (b) after the advance was paid, one of the following events happens to a determination that directly or indirectly affected the payability or amount of the clean energy advance paid to the person: (i) the determination is changed, revoked or set aside; (ii) the determination is superseded by another determination; and (c) the event happened wholly or partly because the person knowingly made a false or misleading statement or knowingly provided false information; and (d) had the event happened on or before the day the advance was paid: (i) the advance would not have been paid; or (ii) the advance would have been reduced.

Note 1: Examples of determinations directly affecting the payability or amount of the clean energy advance include:

(a) a determination relating to the person’s eligibility for the clean energy underlying payment to which the advance related; and
(b) the determination of the person’s eligibility for the clean energy advance.

Note 2: An example of a determination indirectly affecting the amount of the advance is a determination relating to a change in circumstances that results in the person becoming eligible for a further payment of the advance under paragraph 3A.5.1 (top up of clean energy advance).