The complaint was made after the Department refused to accepts the farmer and his wife’s FIS application on the grounds that they were received after the closing date of 21 October 2007.

The couple were never informed of the decision to refuse the applications, or their right of appeal, until they wrote to the minister’s office in 2011.

They appealed the decision and the farmer provided evidence to show that the application had been hand-delivered to the Department’s offices in Carrick-on-Shannon on 18 October 2007.

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The evidence included a statement from the Teagasc official who delivered the applications, details of their travel claim in respect of their trip to Carrick-on-Shannon on 18 October and a copy of the Teagasc Daybook, which contained details of the applications delivered that day.

However, the appeals office concluded that it was probable that the applications were received after the closing date because they were date stamped as received on 22 October 2007.

The Ombudsman asked the Department to reconsider its decision as he felt that there was compelling evidence provided by a state agency to support the farmer’s claim that the applications had been received before the scheme was closed.

It was agreed to review the matter and the Department agreed to make an ex-gratia payment to the farmer and his wife.

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