A farmer who was losing an average of €2,500 per annum in payments as a result of an agent not filling out his Agri Environment Options Scheme (AEOS) application correctly has won an appeal that will see him receive the €2,500.

The case was taken by the farmer to the Office of the Ombudsman, who upheld the complaint.

The farmer’s agent accidentally omitted to include a claim for ‘Species Rich Grassland’ on his AEOS application. This land constituted a significant portion of this farm.

As a result of the error, he was losing an average of €2,500 per annum in payments. He sought to have the application amended and was refused.

His appeal was also refused on the basis that there was no provision for amending AEOS applications under the terms and conditions of the scheme Examination EU Regulation 2419/2001 provided for the establishment of a single-integrated administrative and control system for handling EU agriculture aid schemes.

Errors

It appears that under this regulation, there was provision for amendments in cases of "obvious errors" on applications. On foot of the Ombudsman’s enquiries the Director of the Agriculture Appeals Office reviewed this case.

The director decided that, based on the information provided with the application, that there had been an obvious error in this instance.

On that basis, she overturned the Appeals Officer’s decision and granted the appeal. The farmer will now be paid for the species rich grassland.

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