Billy Timmins (Wicklow, Fine Gael)
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Question 498: To ask the Minister for Agriculture and Food the position regarding a person (details supplied) in County Carlow who appealed a decision in respect of the single payment scheme [i]force majeure[/i] and exceptional circumstances as their home farm was leased to a third party during the reference years; if, in view of the circumstances during the reference years, this application can be re-examined with a view to allowing this payment; and if she will make a statement on the matter. [5194/07]

Mary Coughlan (Donegal South West, Fianna Fail)
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The person named submitted an application for the Force Majeure/Exceptional Circumstances measure of the Single Payment Scheme on 28 October 2004. Having assessed the application, my Department informed the person named that the circumstances outlined did not fulfill the Force Majeure criteria laid down in Article 40 of Council Regulation (EC) No 1782/2003.

The person named then appealed this decision to the Independent Single Payment Appeals Committee who recommended that the decision taken by my Department should be upheld.

The Single Payment Scheme is applicable to farmers who actively farmed during all or any of the three reference years 2000, 2001 and 2002, who were paid Livestock Premia and/or Arable Aid payments in one or more of those years and who continued to farm in 2005.

The late mother of the person named did not actively farm during the reference period 2000-2002 and, therefore she could not be considered under the Force Majeure measure of the Single Payment Scheme.

The Office of the Ombudsman has also examined this case and has agreed with the findings of my Department. The person named has now exhausted all review mechanisms within my Department in relation to the decision on the Force Majeure application. In addition, the person named submitted an application for an allocation of entitlements from the 2005 Single Payment Scheme National Reserve under Categories A and D.

Category A caters for farmers who inherited land or received land free of charge or for a nominal sum from a farmer who had retired or died by 16 May, 2005 and who had leased out his/her holding to a third party during the reference period 2000 to 2002.

Category D caters for farmers who inherited or purchased land and who commenced farming after 31 December 2002 or who commenced farming in 2002 but who received no direct payments in respect of that scheme year.

The person named was deemed unsuccessful under both categories as he did not declare any lands for which he applied to the National Reserve on his 2005 Single Payment Scheme application. The person named submitted an appeal against this decision. This appeal was forwarded to the Independent Single Payments Appeals Committee who have completed their review and they have upheld my Department's decision. A letter outlining the decision of the Committee has issued to the person named.

Michael Lowry (Tipperary North, Independent)
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Question 499: To ask the Minister for Agriculture and Food when payment will issue to a person (details supplied) in County Tipperary; the reason this latest payment has been delayed in view of the fact that other payments relating to this person were issued in 2006; and if she will make a statement on the matter. [5239/07]

Mary Coughlan (Donegal South West, Fianna Fail)
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Payments under the TB and Brucellosis compensation scheme are subject to determination of compliance by the herdowner with the terms and conditions of the scheme. Compliance by the person concerned with certain eligibility conditions relevant to payments under the On Farm Market Valuation Scheme and Income Supplement scheme required clarification. Following a detailed examination of the case, an On-Farm Market Valuation payment issued to the person concerned on 17 January 2007.

The detailed examination for eligibility for payment under the Income Supplement Scheme has now been finalised and it is expected that payment will issue shortly. My Department's District Veterinary Office will write shortly to the person concerned in this regard.

Michael Lowry (Tipperary North, Independent)
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Question 500: To ask the Minister for Agriculture and Food when payment will issue to a person (details supplied) in County Tipperary; and if she will make a statement on the matter. [5240/07]

Mary Coughlan (Donegal South West, Fianna Fail)
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Payment of compensation under the Disease Eradication Schemes is conditional on herdowners submitting Tax Clearance Certificates where required to my Department. The District Veterinary Office has advised the person concerned that outstanding payments due under the TB and Brucellosis Eradication Scheme will be processed as soon as the necessary Tax Clearance Certificate has been furnished.

Denis Naughten (Longford-Roscommon, Fine Gael)
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Question 501: To ask the Minister for Agriculture and Food when a person (details supplied) in County Galway will receive their 2006 single farm payment; the reason for the delay; and if she will make a statement on the matter. [5245/07]

Mary Coughlan (Donegal South West, Fianna Fail)
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The position is that an application for the Transfer of Entitlements under the Single Payment Scheme to the herd number involved was submitted on the 14th December 2006. The application was accepted even though the closing date for receipt of completed applications to transfer entitlements was the 16th May 2006.

During processing of the Transfer application, it was necessary for an official of my Department to request specific documentation and clarification in relation to the application. Upon receipt of the requested information, my Department will process the application and will correspond directly with the person named.