12. (1) In respect of the Scheme 2002 payment, the amount of less favoured area support paid by the Scottish Ministers under these Regulations shall be–
(a)the entitlement of the applicant in respect of the Scheme 2002 payment; or
(b)a sum equal to the applicant’s 1999 Regulation payment plus £2,500,
whichever is the lower.
(2) Where an applicant has permanently increased the amount of eligible land since being paid the 1999 Regulation payment and the Scottish Ministers have not fixed the 1999 Regulation payment under regulation 10(6), the Scottish Ministers shall fix the 1999 Regulation payment for the purposes of calculating the maximum payment in respect of the Scheme 2002 payment providing–
(a)the applicant is the owner or tenant of the eligible land in question; and
(b)the land was available and accessible for use in maintaining eligible livestock.