The Hill Farm Allowance Regulations 2006

Eligibility for hill farm allowance

4.—(1) Subject to Article 14(2) (third indent) and Article 14(3) of Council Regulation 1257/1999 a claimant is eligible for hill farm allowance provided—

(a) his claim is made in a single payment scheme application;

(b) the claimed forage area entered in that single payment scheme application—

(i) complies with one of the conditions specified in paragraph (2),

(ii) was available to be grazed or have a forage crop taken from it for a continuous period of seven months, starting on any date between 1st January 2005 and 31st March 2005 inclusive, and

(iii) during that seven month period, was available to the claimant to be grazed or have a forage crop taken from it for a period, or periods in total, of not less than four months; and

(c) subject to paragraph (3), the notional livestock density is not less than 0.15.

(2) The conditions referred to in paragraph (1)(b)(i) are—

(a) the claimed forage area lying within a less favoured area is at least ten hectares; and

(b) where the claimed forage area lying within a less favoured area is at least one hectare but is less than ten hectares, the total claimed forage area includes land situated in a related less favoured area.

(3) The Secretary of State may determine that a notional livestock density of less than 0.15 is sufficient for the purposes of paragraph (1) if she is reasonably satisfied that it is appropriate to do so in all the circumstances of the case, including any obligation of the claimant as to the number of animals that may be kept on the land comprising the eligible forage area.

(4) In order to enable the Secretary of State to consider whether to exercise her discretion under paragraph (3), the claimant shall provide the Secretary of State with such information as she reasonably requires.