4.—(1) A claimant is eligible for ANC allowance if, and only if,—
(a)the claimant is an active farmer;
(b)the claim is made in the single application submitted for the year 2016; and
(c)subject to paragraph (2) the notional livestock density relating to the forage area on the claimant’s holding does not fall below 0.2 on any one of a number of dates determined by the Department during the minimum grazing period.
(2) The Department may determine that a notional livestock density of less than 0.2 is sufficient to meet the eligibility requirement for the purposes of paragraph (1)(c) if it is reasonably satisfied that it is appropriate to do so in all the circumstances of the case, having regard, in particular, to the sensitivity of the land in question to a stocking density of more than 0.2 and any obligation of the claimant under or in pursuance of any statutory provision in relation to the maintenance of a stocking density of less than 0.2.
(3) For the purposes of calculating notional livestock density in any case the number of heifers to be taken into account shall not exceed a number equal to two thirds of the number of suckler cows.
(4) A claimant shall provide such information as the Department may reasonably require to enable it to make a determination under paragraph (2).
(5) Article 13 of the Horizontal Delegated Regulation (late submission) applies to a claim made in a single application submitted after 15th May 2016.