Michael Lowry (Tipperary North, Independent)
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Question 353: To ask the Minister for Agriculture and Food if a refund will be issued to a person (details supplied) in County Tipperary; when such a refund will issue; and if she will make a statement on the matter. [34972/05]

Mary Coughlan (Donegal South West, Fianna Fail)
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One of the early retirement scheme requirements is that the applicant's farming transferee meets certain viability criteria. In the case of the person named, it was found that his farming transferee did not meet the viability threshold of 20 income units derived from farming owned or leased land. Accordingly, his application, which was received in my Department on 26 March 2002, was rejected and the applicant was notified on 4 June 2002.

The application was resubmitted on 5 November 2002. In the interim, the transferee had leased additional land to meet the viability threshold. As a result, the application was found to be valid and payment was approved from that date.

An appeal against the rejection of the first application was received on 26 November 2002. On examination of the appeal, it was ruled that the decision should stand. On 20 January 2003 the person named was advised of this ruling and informed that he could pursue the matter with the agriculture appeals office within three months. To date, no appeal has been submitted to that office.

Michael Lowry (Tipperary North, Independent)
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Question 354: To ask the Minister for Agriculture and Food the reason for cessation of the farm retirement pension to a person (details supplied) in County Tipperary; and when such a refund will issue. [34973/05]

Mary Coughlan (Donegal South West, Fianna Fail)
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It is a requirement of the EU regulation under which the early retirement scheme is implemented that the early retirement pension can be paid only as a supplement to any national retirement pension that the participant receives. Consequently, the value of any such national retirement pension must be deducted from the early retirement pension.

In the case of the person named, he became entitled to a contributory old age pension from 17 June 2005. As the amount of his old age pension exceeded that of his early retirement pension, payment of the early retirement pension needed to cease.