Petition
Current Details
| Reference Number: | P00034/12 |
| Status: | Non-Admissible |
| Name of Petitioner: | Miss Sharon Kerrigan |
| Petition Title: | Review of decision by Ombudsman in relation to Disadvantaged Areas Scheme application |
| Submitted By: | Individual |
| Petition Text: | My application for Disadvantaged Area Scheme Payment in 2008 was rejected on grounds that farm was not enclosed by fencing. My lands were eligible as "mountain type grazings" as per terms and conditions of the 2008 scheme and were exempt from fencing requirement under cross compliance as "unenclosed land". Changes were made in Terms and Conditions of the Scheme in 2009 which exempted only commonage land from fencing requirement in 2009 and Department of Agriculture are retrospectively applying these requirements into the 2008 scheme. I have received no payment since 2008 as Department are treating it the same as fraudulent claim in 2008 where 100% penalty applies for three years following year of "100% over-claim". Since 2009 I have been farming land which is fully enclosed and fenced as is now required. The final letter from Department of Agriculture clearly spells out the reason for rejection as follows, "there is no dispute in that your lands were not fenced, consequently they could not be controlled or maintained as outlined above, therefore they are not eligible for either SPS, DAS or Reps Payments. "He quotes as follows; "All forage areas must be defined by a permanent boundary except in the case of Commonage land. External forage boundaries must be stockproof and appropriate to the farming enterprise." This Quotation is not part of the DAS scheme but is from SPS scheme to which I have not applied for any payment. Each scheme have their own specific conditions and the fencing requirement was introduced in 2009. |
Historical Details
| 6) | Status: | Decision Of The Committee | | | Date: | 30 Jan 2013 | | 5) | Status: | Decision Of The Committee | | | Date: | 30 Jan 2013 | | 4) | Status: | For Consideration By Committee | | | Date: | 19 Dec 2012 | | 3) | Status: | Being Examined For Compliance With Standing Orders | | | Date: | 19 Dec 2012 | | 2) | Status: | Being Examined For Compliance With Standing Orders | | | Date: | 14 Oct 2012 | | 1) | Status: | Received | | | Date: | 14 Sep 2012 |
Published: 19 Feb 2013 12.31.00
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