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Tenant Farming, Subsidies, BPS & Legal Issues
BPS 2016 in Bank
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<blockquote data-quote="Fowler VF" data-source="post: 3369462" data-attributes="member: 57664"><p>You are definitely eligible, with one proviso, you must have been claiming under SFP from 2008 onwards as land use code SA2 I have gone through the same thing exactly. My 2015 claim hasn't been settled, but the identical 2016 claim has come through in full.</p><p></p><p>Two things; even though the payments on your WGS have ended the agreement will be longer than that, usually 30 years. RPA Guidelines make this very clear. The WGS land should have gone in as SA2 under SFP and then as land use code RD 01 on your BPS forms; see RPA guidance below:</p><p></p><p><em><strong>Claiming BPS on land in agri-environment and woodland schemes </strong></em></p><p><em></em></p><p><em><strong> </strong></em></p><p><em><strong>Land used in an agri-environment scheme can still be eligible for BPS, depending on the management of options involved. </strong></em></p><p><em></em></p><p><em><strong> </strong></em></p><p><em><strong>Some management options require that the land is taken out of agricultural use. Normally, this would mean it’s not eligible for BPS because it is no longer ‘agricultural’ land that is being used for an ‘agricultural activity’. However, this land is eligible for BPS if both of the following apply: </strong></em></p><p><em></em></p><p> <em></em></p><ul> <li data-xf-list-type="ul"><em><strong>it was used with entitlements to claim under the Single Payment Scheme (SPS) in 2008, and </strong><br /> </em></li> <li data-xf-list-type="ul"><em><strong>it’s used for one of the options below, or is declared under the National Forest Changing Landscape scheme </strong></em></li> </ul><p><em><strong> </strong></em></p><p><em><strong>The land is only eligible for BPS for as long as it remains in one of the options listed below. Typically, this land would have been declared under land use code ‘SA2’ or ‘SA3’ under SPS.</strong></em></p><p><em></em></p><p> <em></em></p><p></p><p><em><strong> </strong></em></p><p> <em><strong></strong></em></p><p><em><strong>Farm Woodland Premium Scheme and Farm Woodland Scheme Land under these codes is eligible for BPS if it was used with entitlements to claim SPS in 2008 and is still in the woodland scheme </strong></em></p><p></p><p> You have also put your poplars down as being Short Rotation Coppice. This confuses RPA, especially if they check with Forestry Commission. I did this for some of my fields by mistake as well. This wasn't the reason they didn't pay the 2015 claim, they didn't even pay the ones that I correctly used RD01 either. That was quite simply that the pre -print forms showed previous use as "permanent woodland" not SA2, even though I changed the forms and sent in an explanatory note they ignored it. Where you have used SRC as use you are probably technically correct by RPA guidelines, timber species poplar with a harvest interval of less than 20 years. But Forestry Commission regard SRC as being 5 year or less harvest interval and didn't allow this use under WGS or FWPS grants, hence the confusion. I had a visit from FC (sent by RPA) who agreed that my poplars were still eligible and also met RPA definition of SRC because I am cutting logs out of them at less than 20 year harvest cycles.</p><p></p><p>The fact that FC have backed me up, and RPA have paid 2016 in full makes me very hopeful that the 2015 payment will follow on in due course, and that they will remove the penalties they gave me for "over-claiming". </p><p></p><p><strong><u>DO NOT GIVE UP; YOU ARE PROBABLY RIGHT!!!</u></strong></p></blockquote><p></p>
[QUOTE="Fowler VF, post: 3369462, member: 57664"] You are definitely eligible, with one proviso, you must have been claiming under SFP from 2008 onwards as land use code SA2 I have gone through the same thing exactly. My 2015 claim hasn't been settled, but the identical 2016 claim has come through in full. Two things; even though the payments on your WGS have ended the agreement will be longer than that, usually 30 years. RPA Guidelines make this very clear. The WGS land should have gone in as SA2 under SFP and then as land use code RD 01 on your BPS forms; see RPA guidance below: [I][B]Claiming BPS on land in agri-environment and woodland schemes [/B] [B] Land used in an agri-environment scheme can still be eligible for BPS, depending on the management of options involved. [/B] [B] Some management options require that the land is taken out of agricultural use. Normally, this would mean it’s not eligible for BPS because it is no longer ‘agricultural’ land that is being used for an ‘agricultural activity’. However, this land is eligible for BPS if both of the following apply: [/B] [B] [/B][/I] [LIST] [*][I][B]it was used with entitlements to claim under the Single Payment Scheme (SPS) in 2008, and [/B] [/I] [*][I][B]it’s used for one of the options below, or is declared under the National Forest Changing Landscape scheme [/B][/I] [/LIST] [I][B] The land is only eligible for BPS for as long as it remains in one of the options listed below. Typically, this land would have been declared under land use code ‘SA2’ or ‘SA3’ under SPS.[/B] [B] [/B][/I] [I][B] Farm Woodland Premium Scheme and Farm Woodland Scheme Land under these codes is eligible for BPS if it was used with entitlements to claim SPS in 2008 and is still in the woodland scheme [/B][/I] You have also put your poplars down as being Short Rotation Coppice. This confuses RPA, especially if they check with Forestry Commission. I did this for some of my fields by mistake as well. This wasn't the reason they didn't pay the 2015 claim, they didn't even pay the ones that I correctly used RD01 either. That was quite simply that the pre -print forms showed previous use as "permanent woodland" not SA2, even though I changed the forms and sent in an explanatory note they ignored it. Where you have used SRC as use you are probably technically correct by RPA guidelines, timber species poplar with a harvest interval of less than 20 years. But Forestry Commission regard SRC as being 5 year or less harvest interval and didn't allow this use under WGS or FWPS grants, hence the confusion. I had a visit from FC (sent by RPA) who agreed that my poplars were still eligible and also met RPA definition of SRC because I am cutting logs out of them at less than 20 year harvest cycles. The fact that FC have backed me up, and RPA have paid 2016 in full makes me very hopeful that the 2015 payment will follow on in due course, and that they will remove the penalties they gave me for "over-claiming". [B][U]DO NOT GIVE UP; YOU ARE PROBABLY RIGHT!!![/U][/B] [/QUOTE]
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