Withholding and recovery of payment

9.—(1) This Article applies where, having approved an application (whether under article 5 or following a successful review under article 8(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 4(1) or (2) or 6(2), 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 6(1); 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.