Withholding and recovery of payment10.

(1)

This Article applies where, having approved an application (whether under article 4 or following a successful review under article 9(5) it appears to the Department that–

(a)

the applicant was not eligible to make the application;

(b)

any condition specified in the notice published under article 3(1), or under article 5(2), article 6(2), or article 7(1), as the case may be, has not been complied with; or

(c)

the applicant knowingly or recklessly provided materially false or misleading information or any document which is false in a material particular in relation to the application.

(2)

Subject to paragraph (3), the Department may–

(a)

revoke the approval of the application; and

(b)

where payment has not been made withhold any income support payment, or any part of it, to be made under article 5, article 6, or article 7, as the case may be; or

(c)

where payment of any income support payment has already been made, recover on demand from the applicant an amount equal to the whole or any part of the payment as a civil debt.

(3)

Before exercising the power under paragraph (2) the Department must–

(a)

give the applicant a written explanation of the reasons for the proposed action;

(b)

afford the applicant the opportunity to make written representations within a reasonable time specified by the Department; and

(c)

consider any such representations made.