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Department of Agriculture and Food - Error in Extensification Premium Application 1

Year Concluded: 2005

Complaint Details:

An elderly widow from County Kerry complained to me about the Department of Agriculture and Food. She had farmed alone since being widowed in the 1990s. During 2001 and 2002 she applied for Extensification Premium. This was a premium paid to farmers who opted to farm less intensively. It was paid at varying rates, depending on the intensity of the farming activity. In error, she applied for the wrong rate of stocking density. Therefore, in 2001 she lost out on €627 and on €800 in 2002. The error was, however, likely to lead to a consequential financial loss when a new system, known as the Single Farm Payment Scheme, came into operation in 2005 as it would result in reduced payments to her for the next ten years.

On realising her mistake she appealed the matter to the local office but this was rejected. Instead of appealing the matter to the Agriculture Appeals Office she then asked an elected representative for assistance. However, the Department refused to amend her application, despite representations being made on her behalf.

I took up the matter after she came to see my staff on one of my Office's regional visits. The Department explained to me that in refusing the complainant the higher level of payment it had been acting completely within the terms and conditions of the scheme and that the error was of her own making.

The Department did, however, accept that the stocking density of her holding for two of the years in question was so low that it now accepted that she had genuinely erred in her choice of stocking density at the application stage. It also accepted that her age and the fact that she was farming alone could be taken as mitigating factors.

Outcome:

Arising from my intervention, the Department decided to make the payment to the complainant at the higher rate of the Extensification Premium scheme. This resulted in an extra payment of €1,460 to her and also had a positive impact on her entitlements under the Single Farm Payment Scheme. I was pleased that my intervention resulted in the Department shifting its position in this case. The outcome also reflects positively on the Department for its willingness to respond to the merits of the complaint.

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