Michael Healy-Rae (Kerry, Independent)
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220. To ask the Minister for Agriculture, Food and the Marine if an ANC penalty will be examined in the case of a person (details supplied); and if he will make a statement on the matter. [50203/21]

Charlie McConalogue (Donegal, Fianna Fail)
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The person named submitted an application for participation in both the Basic Payment Scheme (BPS) and the Areas of Natural Constraints (ANC) Scheme on 12th March 2021.

In order to qualify for payment under both the BPS and the ANC Schemes, the land claimed must satisfy the eligibility requirements as set out in the terms and conditions of both schemes.

As set out in these terms and conditions, where land has been burned between the period of 1st March and 31st August of any given year it is not eligible for payment.

Where such land is claimed, it is considered an overclaim and, as such, a penalty/reduction may apply. In each case, where a penalty/reduction applied, the applicant has a right of review and appeal.

In the case of the person named, the Department has determined that an area claimed by them was burned during the period in question and is therefore not eligible for payment in the 2021 scheme year. In line with the terms and conditions of the scheme, a penalty has been applied as a result.

A letter informing the person named of the determination of the Department issued on 17th August 2021 and also informed him of his right of appeal and the relevant steps to take to seek a review.

The Department has received an appeal from the person named and this appeal, along with the supporting documentation provided, is currently being reviewed by the Department.

A decision letter will issue to the person named on completion of the review, advising him of the outcome of the review and his right to appeal the decision to the Agriculture Appeals Office if he is not satisfied with the outcome of the review.

Michael Healy-Rae (Kerry, Independent)
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221. To ask the Minister for Agriculture, Food and the Marine the status of an ANC payment in the case of a person (details supplied); and if he will make a statement on the matter. [50205/21]

Charlie McConalogue (Donegal, Fianna Fail)
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An application to participate in the 2021 Areas of Natural Constraints (ANC) scheme was received from the person named on 21st April 2021. The advance payment for the 2021 ANC scheme has issued to the person named and will be lodged to his nominated bank account shortly.