Section 11 Withholding and recovery of payment

(1)

This Article applies where, having approved an application (whether 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 specified in the notice published under article 3(1), or under article 5(2), 6(2), 7(2) or 8(2) 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 5(1), 6(1), 7(1) or 8(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 representation within a reasonable time specified by the Department; and

(c)

consider any such representations made.