Payment of clean energy advancePayment of clean energy advance

Payment of clean energy advance

3A.6.1 An amount of clean energy advance for which a person is eligible is payable in a single lump sum on the day that the Commission considers to be the earliest day on which it is reasonably practicable for the amount to be paid. 3A.6.2 However, the clean energy advance is not payable if the Commission is aware that the person has died.

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(ii) the determination is superseded by another determination; and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).

Creation and amount of debt

3A.8.1 The clean energy advance is a debt due to the Commonwealth by the person in paragraph 3A.7.1 if paragraph 3A.7.1(d)(i) applies.

3A.8.2 The amount by which the clean energy advance paid to the person in paragraph 3A.7.1 would have been reduced is a debt due to the Commonwealth by the person if paragraph 3A.7.1 (d)(ii) applies.

Relationship with sections of Act

3A.9.1 The provisions of the Act under which debts arise do not apply in relation to clean energy advances to which paragraph 3A.7.1 applies.