Regulation 3 Compensatory allowances
Subject to the provisions of these Regulations, the appropriate Minister may, in respect of the year 1992 and each succeeding year, pay to any person who is on the qualifying day in that year the occupier of eligible land, a compensatory allowance for cattle and sheep maintained by him on that day, being cattle comprised in a regular breeding herd and sheep comprised in a qualified flock.
A compensatory allowance in respect of any year shall be paid to an occupier of eligible land only if (except in the case of such an occupier who is in receipt of a retirement pension) he has entered into a written undertaking in such form as the appropriate Minister may require to the effect that he will, for a period of five years from the first payment of a compensatory allowance made under these Regulations or the 1984 Regulations continue to use eligible land for agricultural purposes.
Subject to regulations 3(5), 3(6) and 4, a compensatory allowance for cattle shall be payable in respect of the number of breeding cows comprised in a herd on the qualifying day at the following rates—
in the case of cows maintained by a person whose eligible land comprises solely severely disadvantaged land £63.30 or 102 ECU per cow;
in the case of cows maintained by a person whose eligible land comprises severely disadvantaged land and disadvantaged land—
£63.30 or 102 ECU per cow up to an amount calculated by multiplying the total number of hectares of severely disadvantaged land which is available to that person in accordance with paragraph (5)(a) below or which is relevant afforested land by £81.13 and deducting from the resulting figure any allowance payable in respect of sheep maintained by that person under paragraph (4) below (other than the allowance payable at the rate of £2.45 or 15.3 ECU per ewe); and
thereafter £31.65 or 102 ECU per cow;
in the case of cows maintained by a person whose eligible land comprises solely disadvantaged land, £31.65 or 102 ECU per cow.
Subject to regulations 3(5), 3(6) and 5, a compensatory allowance for sheep shall be payable in respect of the number of ewes comprised in a flock on the qualifying day at the following rates—
in the case of ewes of an approved breed comprised in a specially qualified flock, £8.75 or 15.3 ECU per ewe;
in the case of ewes not referred to in sub-paragraph (a) above maintained by a person—
whose eligible land comprises solely severely disadvantaged land, £4.90 or 15.3 ECU per ewe;
whose eligible land comprises severely disadvantaged land and disadvantaged land, £4.90 or 15.3 ECU per ewe for a number of ewes calculated by multiplying the total number of hectares of severely disadvantaged land which is available for the maintenance of the flock in accordance with regulation 5(2)(c) below or which is relevant afforested land by 6, and deducting from the resulting figure the number of ewes, if any, falling within sub-paragraph (a) above which are kept on that land, and thereafter for additional ewes £2.45 or 15.3 ECU per ewe;
whose eligible land comprises solely disadvantaged land, £2.45 or 15.3 ECU per ewe.
Notwithstanding the provisions of paragraphs (3) and (4) above, the total amount of a compensatory allowance which may be paid in respect of any year—
to the occupier of severely disadvantaged land, shall not exceed £81.13 for each hectare of such land which appears to the appropriate Minister to have been available to that occupier in the preceding year for the maintenance of his herd or flock or which is relevant afforested land;
to the occupier of disadvantaged land, shall not exceed £60.85 for each hectare of such land which appears to the appropriate Minister to have been available to that occupier in the preceding year for the maintenance of his herd or flock or which is relevant afforested land.
Where in this regulation alternative rates in sterling and in ECU are given, the rate which results in the lower payment in sterling shall apply.