Withholding and recovery of payment

11.—(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.