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PART 8Payment of benefits

CHAPTER 4Continuing entitlement to benefit

Evidence of continuing entitlement to benefit

175.—(1) Where a benefit is being paid to a person (P), the Department may at any time require that evidence be provided, by such date as it may specify, to establish—

(a)the identity of P; and

(b)P’s continuing entitlement to the benefit.

(2) If the evidence is not provided by the date specified, the Department may withhold the whole or any part of the benefit.

(3) If a benefit ceases to be payable because P ceases to meet the incapacity condition or ceases to meet the total incapacity condition, the power in paragraph (1) may be exercised so as to require P to provide evidence that there has been no such cessation.

Cessation of benefits where no entitlement

176.—(1) This regulation applies if after paying a benefit the Department determines that there was no entitlement or there is no longer an entitlement to the benefit.

(2) The Department may—

(a)cease to pay the benefit;

(b)withhold the whole or any part of the benefit; or

(c)recover any payment made if there was no entitlement to the benefit.