Withholding and recovery of payment11.
(1)
This Article applies where, having approved an application (whether under article 4 or following a successful review under article 10) 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), 6(2), 7(2) or 8(2) 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(1), 6(1), 7(1) or 8(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 representation within a reasonable time specified by the Department; and
(c)
consider any such representations made.