Written answers

Thursday, 9 December 2021

Department of Agriculture, Food and the Marine

Agriculture Schemes

Photo of Ruairi Ó MurchúRuairi Ó Murchú (Louth, Sinn Fein)
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33. To ask the Minister for Agriculture, Food and the Marine if he will ensure that all farmers receiving notice of a penalty to their basic payment are advised through the same notice of their ability to appeal on force majeure grounds. [60851/21]

Photo of Charlie McConalogueCharlie McConalogue (Donegal, Fianna Fail)
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The Terms and Conditions of the Basic Payment Scheme (BPS) informs all applicants of their right to apply for Force Majeure and the circumstances under which it may be applicable. All applicants have access to these Terms and Conditions. When an applicant submits their annual online application, they must confirm that they have read and understood the Terms and Conditions.

Penalty letters issue under BPS for a number of different reasons such as late applications, overclaims or dual claims. All penalty letters include the steps that should be followed to seek a review/appeal.

Where an applicant wishes to rely on force majeure/exceptional circumstance, the obligation is on the beneficiary to notify in writing, to the Department, the occurrence of such an event. The notification has to be submitted, with relevant evidence to the satisfaction of the Department, within 15 working days from the date on which the beneficiary or the person entitled through him/her, is in a position to do so.

In addition, if an applicant that has a query in relation to their BPS application they can contact the Department's Direct Payments Helpline at 057-8674422.

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