Regulation 8 Withholding and recovery of overpaymentsI1

Northern Ireland

(1)

This regulation applies where an application for payment has been approved by the Department and it becomes aware that the applicant—

(a)

is not eligible to receive that payment;

(b)

has without reasonable cause obstructed an authorised person in the exercise of their powers under regulation 9; or

(c)

has failed to provide reasonably required assistance to an authorised person under regulation 10.

(2)

Subject to paragraph (3), the Department may–

(a)

revoke the approval of the application for payment; and

(b)

where payment has not been made withhold the payment or any part of it; or

(c)

where payment has already been made, recover from the applicant an amount equal to the whole or any part of the payment—

(i)

as a civil debt; or

(ii)

by way of offsetting against any sum otherwise payable to the applicant by the Department.

(3)

Before exercising the power under paragraph (2), the Department must by a withdrawal or recovery notice, (“the notice”)—

(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 14 days beginning with the date of the issue of the notice; and

(c)

consider any representations made by or on behalf of the applicant.

Annotations