# The Farming for Sustainability Knowledge Transfer Payments Regulations (Northern Ireland) 2025, Regulation 5: Withholding and recovery of payments

Extent: N.I.

(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.

---
Source: https://www.legislation.gov.uk/nisr/2025/40/regulation/5 (the official version)
Page: https://openlegislation.uk/farming-for-sustainability-knowledge-transfer-payments-regulations-northern-ireland-2025/regulation-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.