Farmer wins appeal over BDGP payment eligibility – agri appeals office

A farmer who appealed against a decision by the Department of Agriculture, Food and the Marine regarding eligibility for payment under the Beef Data and Genomics Programme (BDGP) in 2017 won the appeal last year.

The case in question was one of a selection of examples of agricultural appeals cases dealt with last year, according to the Agricultural Appeals Office, in its annual report for 2019.

In the case, highlighted by the appeals office, it was noted that the farmer in question submitted a BDGP application and was accepted into the scheme.

The farmer wrote to the department seeking to terminate their contract under force majeure because of a medical condition.

The department agreed to this request removing the appellants from the BDGP scheme without penalty. The department decision was that the farmer was not eligible for payment for the 2017 BDGP because the first round of payments was not issued to applicants until the middle of December 2017.

The farmer appealed the decision to the Agriculture Appeals Office on the grounds that they should be paid for 2017 because they had complied with all of the requirements in 2017 before the contract was terminated.

The farmer had completed the surveys, genomic testing, carbon navigator and training as required under the programme.

The terms and conditions BDGP state that, in order to receive full payment, the applicant must successfully complete all of the programme requirements.

The appeals officer found that the farmer had complied with all of the requirements of the terms and conditions Beef Data Genomics Programme for 2017 so therefore was entitled to their full BDGP payments for 2017.

“The appeal was allowed,” the appeals office concluded.

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