Section 11 Withholding and recovery of payment

(1)

This Article applies where, having approved an application (either under Article 4 or following a successful review under Article 10) it appears to the Department that–

(a)

the applicant was not eligible to make the application;

(b)

any condition notified to the applicant under Article 3 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)

Where this Article applies, subject to paragraph (3), the Department may–

(a)

revoke the approval of the application;

(b)

withhold any income support payment, or any part of it, to be made under Article 4(1); or

(c)

where any income support payment has already been made under Article 4(1) and falls to be repaid to the Department that amount or any part of it is recoverable 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 representation with a reasonable time specified by the Department; and

(c)

consider any such representations made.