Regulation 5 Withholding and recovery of paymentsI1

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 the payment; or

(b)

has failed to provide farm performance information in accordance with regulation 3(b) or 4 (b) or (c).

(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, as is appropriate—

(a)

give the applicant a written explanation of the reasons for the proposed action;

(b)

afford the applicant the opportunity to make written representations with a reasonable time specified by the Department; and

(c)

consider representations made by or on behalf of the applicant within a reasonable time period.

Annotations