# The Farming for the Generations Scheme Regulations (Northern Ireland) 2024, Regulation 11: Withholding and recovery of payment

Extent: N.I.

(1) This regulation applies where, having approved an application for payment it appears to the Department that—
(a) the applicant was not eligible to make the application;
(b) the applicant knowingly or recklessly provided false or misleading information or any document which is false or misleading in a material particular in relation to the application;
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Subject to paragraph (3), the Department may—
(a) revoke the approval of the application; and
(b) where payment has already been made, recover on demand 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.

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Source: https://www.legislation.gov.uk/nisr/2024/16/regulation/11 (the official version)
Page: https://openlegislation.uk/farming-for-the-generations-scheme-regulations-northern-ireland-2024/regulation-11
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

