Article 54E+S+N.I.Common Provisions
1.For any undue payment following the occurrence of irregularity or negligence, [the relevant authority] shall request recovery from the beneficiary within 18 months after the approval and, where applicable, reception, by the paying agency or body responsible for the recovery, of a control report or similar document, stating that an irregularity has taken place. The corresponding amounts shall be recorded at the time of the recovery request in the debtors' ledger of the paying agency.
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3.On duly justified grounds, [the relevant authority] may decide not to pursue recovery. [A decision to this effect may be taken only in the following cases:
(a)where the costs already and likely to be effected total more than the amount to be recovered, which condition shall be considered to have been met if:
(i)
the amount to be recovered from the beneficiary in the context of an individual payment for an aid scheme or support measure, not including interest, does not exceed EUR 100; or
(ii)
[the amount to be recovered from the beneficiary in the context of an individual payment for an aid scheme or support measure, not including interest, falls between EUR 100 and EUR 250 and the [relevant authority] concerned applies a threshold equal to or higher than the amount to be recovered under [the law applying in the constituent nation] for not pursuing national debts.]
(b)where recovery proves impossible owing to the insolvency, recorded and recognised under [the law applying in the constituent nation], of the debtor or the persons legally responsible for the irregularity.]
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Extent Information
Textual Amendments
Article 54WCommon Provisions
1.For any undue payment following the occurrence of irregularity or negligence, [the relevant authority] shall request recovery from the beneficiary ... after the approval and, where applicable, reception, by the paying agency or body responsible for the recovery, of a control report or similar document, stating that an irregularity has taken place. The corresponding amounts shall be recorded at the time of the recovery request in the debtors' ledger of the paying agency.
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3.On duly justified grounds, [the relevant authority] may decide not to pursue recovery. A decision to this effect may be taken only in the following cases:
(a)where the costs already and likely to be effected total more than the amount to be recovered, which condition shall be considered to have been met if:
(i)
the amount to be recovered from the beneficiary in the context of an individual payment for an aid scheme or support measure, not including interest, does not exceed [£100]; or
(ii)
[the amount to be recovered from the beneficiary in the context of an individual payment for an aid scheme or support measure, not including interest, falls between [£100] and [£250] and the [relevant authority] concerned applies a threshold equal to or higher than the amount to be recovered under [the law applying in the constituent nation] for not pursuing national debts.]
(b)where recovery proves impossible owing to the insolvency, recorded and recognised under [the law applying in the constituent nation], of the debtor or the persons legally responsible for the irregularity.
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Extent Information
Textual Amendments