A farmer looking to claim an area of natural constraint (ANC) payment in 2021 lost their appeal against the Department of Agriculture’s decision to reject them from joining the scheme after selling cattle and failing to meet the stocking rate requirements of the scheme.

The Agriculture Appeals Office report for 2022 shows that the decision to reject the farmer from ANC was made after the farmer notified the Department of the cattle sales after becoming concerned of their ability to meet the seven months’ consecutive stocking rate condition.

Cattle had been sold by the farmer as they were increasing in age and the farmer was unaware of the consequences that selling in the month of May would have on their ANC application, the appeal heard.

A stocking rate of 0.15LU/ha is required under the scheme for seven consecutive months, only 50% of which can be reached using units from donkeys kept on the farm.

Appeal

The farmer met this condition all through 2020 when the farm stood at 0.6LU/ha and the rising age of the cattle had increased the stocking rate further before they were sold in May 2021.

However, despite the farmer arguing that they should be eligible for 50% of the payment for the donkeys they keep year-round, the appeals office ruled that the scheme’s terms and conditions do not allow for partial payments.

Force majeure was considered by the appeals office, but ruled out as it was said that the decision of the farmer to sell the cattle “was in the nature of a business decision and driven by market factors".

The appeal was rejected.