Pyrite Resolution Act 2013

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Refund of compensation

20. (1) Where, in relation to a dwelling that has been included in the pyrite remediation scheme a payment otherwise than under this Act is made to or for the benefit of the scheme participant concerned in respect of damage to the dwelling arising out of or in connection with pyritic heave, that scheme participant shall give notice in writing to the Board of the payment and the amount thereof within 28 days of the making of that payment.

(2) On receipt of the notice under subsection (1) the Board shall give notice in writing to the scheme participant concerned of the total cost or, where the pyrite remediation is not commenced or completed, estimated cost of the pyrite remediation of the dwelling, including any costs referred to in section 14 (2)(e).

(3) On receipt of the notice under subsection (2) the scheme participant concerned shall be immediately liable to pay to the Board the lesser of the following amounts:

(a) the amount equal to the total cost or, where the pyrite remediation is not completed, estimated cost of pyrite remediation notified to the scheme participant concerned under subsection (2);

(b) the amount equal to the payment referred to in subsection (1).

(4) If the scheme participant concerned does not pay the amount specified in the notice under subsection (2) within 21 days of receipt of the notice, the Board is entitled to exclude the dwelling from the pyrite remediation scheme.

(5) Where the cost of pyrite remediation has been estimated for the purposes of subsection (2), the Housing Agency shall, on completion of the pyrite remediation of the dwelling, calculate the total cost of pyrite remediation of that dwelling, including any costs referred to in section 14 (2)(e), and shall give notice in writing to the Board and the scheme participant of that amount (in this section referred to as the “final cost”).

(6) Where the final cost is less than the amount paid by the scheme participant under subsection (3), the Housing Agency shall pay the difference between the final cost and the amount paid by the scheme participant under subsection (3) to the scheme participant.

(7) Where the final cost is greater than the amount paid by the scheme participant under subsection (3), the Board may give notice of a liability to pay to the Board, and the scheme participant shall be immediately liable on receipt of that notice to pay to the Board, the lesser of the following amounts:

(a) the difference between the amount paid by the scheme participant under subsection (3) and the amount of the payment referred to in subsection (1);

(b) the difference between the amount paid by the scheme participant under subsection (3) and the final cost.

(8) Any amount not paid to the Board under subsection (3) or (7) shall be recoverable by the Board as a simple contract debt in a court of competent jurisdiction.

(9) The Board, as soon as may be after receiving or recovering a payment under this section, shall pay the moneys received or recovered to the Minster.