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Failure to tick the compliance box under the "Ecological Focus Area" on the Basic Payment Scheme (BPS) online application has resulted in a man receiving a non-compliance penalty of €2,937.
His appeal of the decision was refused as the Department said he had been notified of the error on its online system and he could have rectified the mistake.
Examination
After the Ombudsman asked the Department to review the application, the Department discovered that the man had not been registered for the "business notification text" or email alerts on the system. The business notification would have alerted the man to revisit the Department’s online system and check for the error.
Outcome
The complaint was upheld because the man was not registered for "business notification texts" or emails. The Department agreed to waive the penalty of €2,937 and pay the man the remainder of his Basic Payment.
A standard deduction of €74 was made under the EU Financial Crisis Reserve Scheme, so the man received €2,863. The farmer has now completed the Department’s "business notification" form which gives it permission to use his contact details for future notifications.
This is the second time a farmer has been refused payment of entitlements through failure to fill out all necessary areas on the online application.
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