Reconsideration of determinations6
1
Subject to paragraph (2), the Department may reconsider a determination that a payment should not be made under Article 3 or Article 4 on the ground—
a
that there has been a material change of circumstances since the determination was made; or
b
that the determination was made in ignorance of, or was based on a mistake as to, some material fact;
and the Department may, on the ground set out in sub-paragraph ( b), reconsider a determination that such a payment should be made.
2
Regulations shall prescribe the manner in which and the period within which—
a
an application may be made to the Department for reconsideration of a determination; and
b
the Department may of its own motion institute such a reconsideration.
3
If—
a
whether fraudulently or otherwise, any person misrepresents or fails to disclose any material fact; and
b
in consequence of the misrepresentation or failure a payment is made under Article 3 or Article 4,
the person to whom the payment was made shall be liable to repay the amount of that payment to the Department unless he can show that the misrepresentation or failure occurred without his connivance or consent.
4
Except as provided by paragraph (3), no payment under Article 3 or Article 4 shall be recoverable by virtue of a reconsideration of a determination under paragraph (1).