The Agriculture (Hardship Payment) Scheme (Northern Ireland) 2009

Withholding of payment

8.—(1) Where a person, with a view to obtaining a hardship payment for himself or any other person, makes any statement or furnishes any information which is false or misleading, or refuses to cooperate with an authorised officer exercising powers under this Scheme, the Department may withhold an amount equal to the whole or part of any amount payable to that person or such other person and may recover the whole or part of any payment already paid to that person or such other person.

(2) Before withholding the whole or any part of any payment or recovering any amount equal to the payment or part of the payment which has been made under the provisions of paragraph (1), the Department shall—

(a) give to the person to whom any hardship payment would be payable, or from whom any such amount would be recoverable, a written notification of the reasons for the action proposed to be taken.

(b) afford that person an opportunity of appearing before and being heard by a person appointed for the purpose by the Department; and

(c) consider the report of a person so appointed and supply a copy of the report to the person mentioned in subparagraph (a).