Paragraph 3 Deductions from a lump sum paymentI1

England and Wales

(1)

The Secretary of State must apply the formula set out in sub-paragraph (4) to calculate a percentage reduction to the applicant’s lump sum payment if the circumstances in sub-paragraph (2) apply.

(2)

The circumstances referred to in sub-paragraph (1) are where the total value of payment entitlements referred to in sub-paragraph (3) exceeds—

(a)

the total value of the applicant’s payment entitlements surrendered in accordance with regulation 8 (excluding any payment entitlements leased out after 17th May 2021);F1...

(b)

where relevant, the total value of any payment entitlements leased in by the applicant and which have subsequently been surrendered after 17th May 2021F2; and

(c)

the total value of any payment entitlements that were recorded in the register in the applicant’s name before the date on which these Regulations come into force (excluding any payment entitlements that have been leased out).

(3)

The payment entitlements referred to in sub-paragraph (2) are any payment entitlements activated by the applicant in—

(a)

claim year 2021;

(b)

claim year 2020, if no payment entitlements were activated by the applicant in claim year 2021; or

(c)

claim year 2019, if no payment entitlements were activated by the applicant in claim years 2020 or 2021.

(4)

The formula referred to in sub-paragraph (1) is—

x% = 100 - (\frac{PES}{PEC}) \times 100

(5)

In sub-paragraph (4)—

(a)

“x” means the percentage reduction applied to the lump sum payment;

(b)

“PES” means—

(i)

the total value of the applicant’s payment entitlements surrendered under regulation 8 (excluding any payment entitlements leased out after 17th May 2021); F3...

(ii)

where relevant, the total value of any payment entitlements leased in by the applicant and which have subsequently been surrendered after 17th May 2021; and

F4(iii)

(c)

“PEC” means the total value of any payment entitlements activated by the applicant in—

(i)

claim year 2021;

(ii)

claim year 2020, if no payment entitlements were activated by the applicant in claim year 2021; or

(iii)

claim year 2019, if no payment entitlements were activated by the applicant in claim years 2020 or 2021.

(6)

If an applicant receives a relevant payment in respect of claim year 2022 or in respect of a later claim year, the Secretary of State must reduce the total amount of the lump sum payment calculated for that applicant by the amount of any such relevant payment.

Annotations

Textual amendments

F1: Word in Sch. para. 3(2)(a) omitted (1.1.2024) by virtue of The Agriculture (Delinked Payments and Consequential Provisions) (England) Regulations 2023 (S.I. 2023/1430), reg. 1(2)(a), Sch. 4 para. 11(3)(b)(i)(aa)
F2: Sch. para. 3(2)(c) and word inserted (1.1.2024) by The Agriculture (Delinked Payments and Consequential Provisions) (England) Regulations 2023 (S.I. 2023/1430), reg. 1(2)(a), Sch. 4 para. 11(3)(b)(i)(bb)
F3: Word in Sch. para. 3(5)(b)(i) omitted (1.1.2024) by virtue of The Agriculture (Delinked Payments and Consequential Provisions) (England) Regulations 2023 (S.I. 2023/1430), reg. 1(2)(a), Sch. 4 para. 11(3)(b)(ii)(aa)
F4: Sch. para. 3(5)(b)(iii) inserted (1.1.2024) by The Agriculture (Delinked Payments and Consequential Provisions) (England) Regulations 2023 (S.I. 2023/1430), reg. 1(2)(a), Sch. 4 para. 11(3)(b)(ii)(bb)

Commencement

I1: Sch. para. 3 in force at 26.3.2022, see reg. 1(1)