Written answers

Tuesday, 4 November 2008

Department of Agriculture and Food

Rural Environment Protection Scheme

10:00 pm

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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Question 432: To ask the Minister for Agriculture, Fisheries and Food the reason when a farmer is in the REP scheme and in the event of their death that their spouse cannot continue to farm and continue to receive the REP payment under the scheme that the late occupier had entered into in the first instance; the reason the REP scheme, which is meant for environmental protection of the farm, is directly linked to the farmer and not to the land; and if he will make a statement on the matter. [38204/08]

Photo of Brendan SmithBrendan Smith (Cavan-Monaghan, Fianna Fail)
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In the event of the death of a participant, force majeure is applied and the REPS contract is terminated where the contract was in the sole name of the deceased person. No reimbursement of aid already paid is sought. Where a contract is in joint or several names the surviving participants can see out the remaining period of the contract.

Following the death of a sole participant in REPS, succession may not be established for some time and the land may not transfer into new ownership as a single farm unit. In cases like these in the past, farmers who attempted in good faith to continue a deceased person's contract found themselves in a position where they had to refund payments. It is to avoid such problems that the Department now terminates the contract on the death of a sole participant using the force majeure principle. The successor or successors in title are free to apply for a new contract in REPS.

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