Anna Logan, NFU BPS adviser, gives the lowdown on why you could be entitled to claim backdated extra entitlements.
She writes:
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The full eligible area of a common should have been allocated every year, so that there were no ‘naked acres’.
Following this and the remapping of commons this year, a list of commons with more eligible areas has been published on gov.uk here.
The RPA has started sending out forms from 18 September, to those farmers they believe are eligible to claim. Look out for this form arriving, or you can download a copy here. Even if you don’t receive a form, you can still submit a claim if you feel you are eligible.
This is the really important bit, so read on carefully.
The RPA can only make payments for the years a valid SPS, HFA, UTP or BPS application was submitted. This exercise is being carried out separately to the 2015 BPS application processing. Any payments due will be made separatelyand are likely to be paid after any BPS 2015 payment that a farmer may receive, therefore not impacting on the timing of your 2015 BPS payment.
Do not delay taking action with regards to this exercise.
Farmers can claim for backdated entitlements and payments, if any of the bullet points below apply – providing the common is listed as having more eligible area to allocate:
- You established SPS entitlements in 2005 and then claimed SPS continuously until at least 2009. These farmers can apply for SPS entitlements and associated payments.
- You submitted a valid SPS application in any of the years from 2009 to 2014 and held ‘spare’ SPS entitlements which they couldn’t get paid for that year because they didn’t have enough land to activate them with. These farmers can use any new allocation of common land they receive to apply for payments for those spare entitlements.
- You claimed HFA 2010 or UTP payments
For the RPA to consider claims in any other circumstances, farmers must show that they suffered a financial loss as a direct result of the incorrect method RPA used to allocate common land under SPS. We would suggest you take professional advice before you apply in these circumstances. Contact NFU CallFirst who can refer you to the NFU’s legal panel.
The RPA is encouraging eligible farmers to return their forms by 31 December 2015, as it will give the RPA the best possible chance to consider it before the BPS 2016 application window opens.
As the RPA will only make payments for the last six years, to claim for the SPS 2009 scheme year the form must be returned by 30 June 2016. If a farmer wants to claim for HFA 2010, they should return the form no later than six years after the date of their HFA 2010 payment was received. If a farmer is claiming for both SPS 2009 and HFA 2010, they should return the form by the earlier of these two deadlines.
As yet, we are not aware of the likely timescales of when a claimant will be informed if they are successful or not. If unsuccessful, the RPA will inform the claimant of the appeals process.