In one case, a farmer had his 2016 Areas of Natural Constraint Scheme (ANC) payment refused as the 2015 sheep census form had not been submitted by the deadline of 29 January 2016.
It was submitted that the 2015 sheep census form had been returned to the Department of Agriculture in January 2016 and a certificate of postage obtained.
Receipts
However, the scheme terms and conditions make it clear that only registered or express post receipts are acceptable.
A certificate of postage is not acceptable as proof of postage. It is a condition of the scheme that the sheep census form be lodged by 29 January 2016.
As there was no acceptable evidence of postage, the appeals officer found that the decision of the Department was correct.
Stocking density requirements
In the second case, a farmer was not issued with his ANC payment, due to the stocking density requirements not being met.
The applicant had not submitted his sheep census form and all examinations failed to reveal any proof that sheep census forms were forwarded.
As per the terms and conditions, in cases of dispute, the only acceptable proof of the items being forwarded is a swift post receipt. This was not available in this particular case.
Again, the appeals officer found that, in the absence of swift post receipt, the original decision could not be overturned.
Read more
Agricultural appeals fall to eight-year low
Penalty appeals review to be finished this year
In one case, a farmer had his 2016 Areas of Natural Constraint Scheme (ANC) payment refused as the 2015 sheep census form had not been submitted by the deadline of 29 January 2016.
It was submitted that the 2015 sheep census form had been returned to the Department of Agriculture in January 2016 and a certificate of postage obtained.
Receipts
However, the scheme terms and conditions make it clear that only registered or express post receipts are acceptable.
A certificate of postage is not acceptable as proof of postage. It is a condition of the scheme that the sheep census form be lodged by 29 January 2016.
As there was no acceptable evidence of postage, the appeals officer found that the decision of the Department was correct.
Stocking density requirements
In the second case, a farmer was not issued with his ANC payment, due to the stocking density requirements not being met.
The applicant had not submitted his sheep census form and all examinations failed to reveal any proof that sheep census forms were forwarded.
As per the terms and conditions, in cases of dispute, the only acceptable proof of the items being forwarded is a swift post receipt. This was not available in this particular case.
Again, the appeals officer found that, in the absence of swift post receipt, the original decision could not be overturned.
Read more
Agricultural appeals fall to eight-year low
Penalty appeals review to be finished this year
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