# The Agricultural (2017 North West Area Flooding) (Income Support) Scheme (Northern Ireland) 2021, Section 9: Withholding and recovery of payment


(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—
(a) the applicant was not eligible to make the application;
(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
(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.
(2) Subject to paragraph (3), the Department may—
(a) revoke the approval of the application; and
(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
(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.
(3) Before exercising the power under paragraph (2) the Department must—
(a) give the applicant a written explanation of the reasons for the proposed action;
(b) afford the applicant the opportunity to make written representations within a reasonable time specified by the Department; and
(c) consider any such representations made.

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Source: https://www.legislation.gov.uk/nisr/2021/187/section/9 (the official version)
Page: https://openlegislation.uk/agricultural-2017-north-west-area-flooding-income-support-scheme-northern-ireland-2021/section-9
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.