Mary Coughlan (Donegal South West, Fianna Fail)
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The person named applied under two measures of the Single Payment Scheme in 2005, namely the New Entrant (during the reference period) measure and the National Reserve measure. The person named was successful under the New Entrant measure and had the years 2000 and 2001 omitted from the calculation of his Single Payment.

The person named applied under Category B of the 2005 National Reserve which catered for farmers who made an investment in production capacity in a farming sector for which a direct payment under Livestock Premia and/or Arable Aid schemes would have been payable during the reference period 2000-2002. Investments included purchase or long term lease of land, purchase of suckler and/or ewe quota or other investments.

The person named applied under B (I) in respect of investment in the long-term leasing of land. However, the lease submitted stated that he was also leasing in a Milk Quota with the land. Therefore, he was deemed ineligible under this category as the investment made was regarded as not being directly linked to a farming sector for which direct payments under the Livestock and Arable Aid Schemes would have been payable during the reference period. A letter outlining this decision issued to the person named.

The person named submitted an appeal against my Department's decision. This appeal was forwarded to the Independent Single Payments Appeals Committee who upheld my Department's decision. A letter outlining the decision of the Committee also issued to the person named.

Subsequently the person named submitted additional information in which it was clarified that there was no Milk Quota being leased with the land. His National Reserve application was reviewed and was now deemed eligible.

However, as the person named also benefited under the New Entrant measure, the Regulations governing the Single Payment Scheme provide that checks must be made to ensure that an allocation from the National Reserve, to an applicant who has already benefited under other measures associated with the Single Payment Scheme, does not result in double benefit. An applicant may only benefit from the measure that is most beneficial.

In this regard it has been established that the New Entrant measure was financially more beneficial and the National Reserve has been rescinded in favour of the New Entrant measure. A letter outlining this decision has issued to the person named on 10 September 2007.