A young farmer who challenged the Department of Agriculture’s decision not to give him a payment from the National Reserve was backed up by the Ombudsman last year.

John complained to the Ombudsman when over a number of years he was repeatedly unable to apply to the National Reserve as a new entrant.

The scheme provides income support to people who, among other criteria, have started farming within two years before they apply, and have completed a recognised course of education in agriculture.

John began farming in March 2015 and in 2016 wanted to apply for the National Reserve scheme.

However, there were no places available on any relevant education course to enable him to be eligible for the scheme.

In December 2016, he was offered a place on a Teagasc course and started the course in February 2017. John applied for the National Reserve scheme in 2017.

However, his application was refused because, to be eligible for the scheme, he had to have completed an agriculture course by May 2017.

The Teagasc course did not finish until shortly after May 2017.

John applied for the National Reserve scheme again in 2018, having successfully completed his Teagasc course.

However, the farmer’s application was again refused, as successful applicants would have had to commence farming in 2016 or later. John had started farming in 2015.

Ineligibility

The farmer told the Ombudsman he believed he had been unfairly treated, pointing out that his ineligibility for the 2017 scheme was due to all relevant courses earlier in 2016 being booked up by 2015 applicants.

There had been 6,000 applicants being approved on to the 2015 scheme and the Department had given course priority to those 2015 applicants. There were no shorter courses that the man could have completed by May 2017.

The Ombudsman acknowledged that, taken separately, each of the decisions by the Department was made in accordance with the provisions of the scheme.

However, having considered all the circumstances, Ombudsman Peter Tyndall believed that exceptional circumstances applied in the farmer’s case and that he should be allowed on to the scheme.

The Ombudsman asked the Department to review its decision and to see if any other farmer was similarly affected in those years.

Outcome

The Department accepted John on to the 2018 National Reserve scheme and he received a payment of almost €13,500. The Department was satisfied that no other applicants had been similarly affected.