{
  "url": "https://openlegislation.uk/agricultural-2017-north-west-area-flooding-income-support-scheme-northern-ireland-2021/section-9",
  "json_url": "https://openlegislation.uk/agricultural-2017-north-west-area-flooding-income-support-scheme-northern-ireland-2021/section-9.json",
  "legislation": "nisr/2021/187",
  "legislation_title": "The Agricultural (2017 North West Area Flooding) (Income Support) Scheme (Northern Ireland) 2021",
  "legislation_url": "https://openlegislation.uk/agricultural-2017-north-west-area-flooding-income-support-scheme-northern-ireland-2021",
  "path": "section/9",
  "kind": "section",
  "number": "9",
  "heading": "Withholding and recovery of payment",
  "text": "(1) This Article applies where, having approved an application (whether under article 5 or following a successful review under article 8(5) it appears to the Department that—\n(a) the applicant was not eligible to make the application;\n(b) any condition specified in the notice published under article 4(1) or (2) or 6(2), as the case may be, has not been complied with; or\n(c) the applicant knowingly or recklessly provided materially false or misleading information or any document which is false in a material particular in relation to the application.\n(2) Subject to paragraph (3), the Department may—\n(a) revoke the approval of the application; and\n(b) where payment has not been made withhold any income support payment, or any part of it, to be made under article 6(1); or\n(c) where payment of any income support payment has already been made, recover on demand from the applicant an amount equal to the whole or any part of the payment as a civil debt.\n(3) Before exercising the power under paragraph (2) the Department must—\n(a) give the applicant a written explanation of the reasons for the proposed action;\n(b) afford the applicant the opportunity to make written representations within a reasonable time specified by the Department; and\n(c) consider any such representations made.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/2021/187/section/9",
    "retrieved_at": "2026-10-29T00:38:22.411465+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}