Regulation 8 Amount of grant
Subject to the provisions of this regulation, the grant payable under regulation 3(1) shall be calculated with reference to the activities to be undertaken and in relation to each such activity shall be at a rate not exceeding the maximum payment rate specified in column 2 of Schedule 4 corresponding to that activity.
The grant payable under regulation 3(1) in respect of an undertaking, excluding any amount payable in respect of stock disposal, shall not exceed the sum of £30,000 over the relevant period or, in the case of an undertaking relating to common grazing, £60,000 over such period or, in either case, such lower sum as may be determined in accordance with the provisions of this regulation.
Where an undertaking is at the date of its commencement a subsequent undertaking, the sum specified in paragraph (2) in relation to that undertaking shall be reduced to the extent that the amount mentioned in paragraph (4) relates to the same period as the subsequent undertaking.
The amount referred to in paragraph (3) is the amount of grant payable, including any amount already paid, under these Regulations to the applicant, or to any person who together with the applicant is a farmer for the purposes of IACS, in respect of any prior undertaking.
For the purposes of this regulation an undertaking is a subsequent undertaking–
if it is given by an applicant who has given a prior undertaking; or
if any person mentioned in paragraph (4) has given a prior undertaking and both undertakings relate to eligible land on the holding for the purposes of IACS of the farmer.
For the purposes of this regulation an undertaking is a prior undertaking if it is an undertaking under these Regulations the agreed date of commencement of which is earlier than the date of commencement of another undertaking under these regulations given by the same applicant or by a person mentioned in paragraph (4).
Where the agreed date of commencement of an undertaking is the same as the date of commencement of another undertaking given by the same applicant or by a person mentioned in paragraph (4), the Secretary of State shall determine the order in which such undertakings commenced and for the purposes of this regulation an undertaking shall be deemed to have a date of commencement earlier than another where the Secretary of State determines under this paragraph that it commenced before another undertaking.
Where this paragraph applies, the Secretary of State shall review the sum specified in paragraph (2), or such lower sum as is determined after application of the provisions of this regulation, including the prior application of this paragraph, in relation to an undertaking and shall reduce such sum to the extent that payment of it would result in the applicant or any person mentioned in paragraph (4) receiving grant under these Regulations which he would not have received had the applicant been the applicant at the date of commencement of the undertaking or been established as being a person who together with others was a farmer for the purposes of IACS at that date.
Paragraph (8) applies–
where a new occupier of all or any part of the land to which an undertaking relates takes on the undertaking in accordance with regulation 10; and
where after the date of commencement of the undertaking the applicant becomes or is established as having been a person who together with others is or was a farmer for the purpose of IACS.
The provisions of paragraphs (2) to (9) shall not apply to an undertaking which is in substitution for the unexpired period of an undertaking under any of the Regulations mentioned in regulation 7(1).
The grant payable under regulation 3(4) in respect of a conservation audit or a moorland management plan shall not exceed the maximum payment rate specified in column 2 of Schedule 4 in relation to such audit or plan.