The Agriculture (Lump Sum Payment) (England) Regulations 2022

Deductions from a lump sum payment

3.—(1) The Secretary of State must apply the formula set out in sub-paragraph (4) to calculate a percentage reduction to the applicant’s lump sum payment if the circumstances in sub-paragraph (2) apply.

(2) The circumstances referred to in sub-paragraph (1) are where the total value of payment entitlements referred to in sub-paragraph (3) exceeds—

(a) the total value of the applicant’s payment entitlements surrendered in accordance with regulation 8 (excluding any payment entitlements leased out after 17th May 2021); and

(b) where relevant, the total value of any payment entitlements leased in by the applicant and which have subsequently been surrendered after 17th May 2021.

(3) The payment entitlements referred to in sub-paragraph (2) are any payment entitlements activated by the applicant in—

(a) claim year 2021;

(b) claim year 2020, if no payment entitlements were activated by the applicant in claim year 2021; or

(c) claim year 2019, if no payment entitlements were activated by the applicant in claim years 2020 or 2021.

(4) The formula referred to in sub-paragraph (1) is—

(5) In sub-paragraph (4)—

(a) “x” means the percentage reduction applied to the lump sum payment;

(b) “PES” means—

(i) the total value of the applicant’s payment entitlements surrendered under regulation 8 (excluding any payment entitlements leased out after 17th May 2021); and

(ii) where relevant, the total value of any payment entitlements leased in by the applicant and which have subsequently been surrendered after 17th May 2021; and

(c) “PEC” means the total value of any payment entitlements activated by the applicant in—

(i) claim year 2021;

(ii) claim year 2020, if no payment entitlements were activated by the applicant in claim year 2021; or

(iii) claim year 2019, if no payment entitlements were activated by the applicant in claim years 2020 or 2021.

(6) If an applicant receives a relevant payment in respect of claim year 2022 or in respect of a later claim year, the Secretary of State must reduce the total amount of the lump sum payment calculated for that applicant by the amount of any such relevant payment.