PART 8

Payment of benefits
CHAPTER 4

Continuing 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.