The Hill Farm Allowance Regulations 2003

Power to increase payment

8.—(1) Where—

(a) a claimant has received a compensatory allowance in each of the years 2000, 2001 and 2002; and

(b) the amount payable to the claimant in accordance with regulation 7 is less than 50 per cent of the amount (referred to in paragraph (2) as “A”) of the compensatory allowance paid to the claimant in 2000 which related to the relevant area in 1999,

the Secretary of State may increase the hill farm allowance payable to the claimant in accordance with paragraph (2).

(2) Where paragraph (1) applies, the hill farm allowance payable to the claimant may be increased to an amount found by one of the following calculations—

(a) where the relevant area in 2000 (“B”) is less than the relevant area in 1999 (“C”), and is also less than the relevant area in 2002—

0.5 × A × B÷C;

(b) where the relevant area in 2002 (“D”) is less than the relevant area in 1999 (“C”), and is also less than the relevant area in 2000—

0.5 × A × D ÷ C; and

(c) in all other cases—

0.5 × A.

(3) In this regulation, “the relevant area” means the total area of land, entered in the claimant’s area aid application for the year in question, which is situated in a less favoured area.