The Hill Farm Allowance Regulations 2002

Eligibility of producers for hill farm allowance

4.—(1) Subject to Article 14.2 of Council Regulation 1257/1999 (third indent), and to regulation 5, a claimant shall be eligible for hill farm allowance provided—

(a) his claim is made in an area aid application submitted in the year 2001;

(b) the claimed forage area entered in that area aid application complies with one of the conditions specified in paragraph (2); and

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

(2) The conditions are—

(a) that the claimed forage area lying within the less favoured area is not less than ten hectares; or

(b) where the claimed forage area lying within the less favoured area is not less than one hectare but less than ten hectares, the total claimed forage area includes land situated in a related less favoured area which is eligible for related less favoured area allowance.

(3) The Minister may determine that a notional livestock density of less than 0.15 is sufficient for the purposes of paragraph (1)(c) if she is reasonably satisfied that it is appropriate to do so in all the circumstances of the case, having regard, in particular, to the number of animals other than relevant animals kept on the eligible forage area and any obligation for 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 her to consider whether to exercise her discretion under paragraph (3), the claimant shall provide the Minister with such information as she reasonably may require.