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.