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Milk and Milk Products (Pupils in Educational Establishments) Regulations (Northern Ireland) 2008

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Withholding or recovery of Community aid or national aid

4.—(1) Paragraph (2) applies where the Department believes that an applicant—

(a)has received from the Department Community aid or national aid, payment to which the applicant was not entitled; or

(b)is in breach of any commitment given by the applicant as a condition of receiving Community aid or national aid.

(2) The Department may—

(a)withhold from the applicant the whole or any part of Community aid or national aid which the Department might otherwise have paid; or

(b)recover from the applicant on demand the whole or any part of Community aid or national aid already paid by the Department.

(3) Before taking any action under paragraph (2), the Department shall—

(a)give to the applicant in writing the reasons for the action the Department proposes to take;

(b)afford the applicant the opportunity to make written representations within such time as the Department considers reasonable; and

(c)consider any such representations.

(4) Any money due to the Department under or by virtue of these Regulations shall be recoverable as a debt.

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