Less Favoured Area Compensatory Allowances Regulations (Northern Ireland) 2003

Transitional payments

8.—(1) Subject to paragraph (3), if the basic amount is less than the relevant amount, the Department may pay the claimant such additional sum as would increase the total less favoured area compensatory allowance payable to him by an amount equal to 50% of the difference between the basic amount and –

(a) where the relevant area in 2002 is less than the relevant area in the year 1999 such proportion of the relevant amount as related to the lesser of those relevant areas; and

(b) in any other case, the relevant amount –

provided that the total less favoured area compensatory allowance payable to the claimant in respect of the year 2003 shall not exceed 80% of the relevant amount.

(2) Subject to paragraph (3), where a claimant who received payment of a compensatory allowance in the year 2000 meets the conditions of eligibility for a less favoured area compensatory allowance in regulation 4, other than the condition in regulation 4(1)(c) and (4), the Department may pay him, in respect of the year 2003 –

(a) where the relevant area in 2002 is less than the relevant area in the year 1999, an amount equal to 50% of such proportion of the relevant amount as related to the lesser of those relevant areas; and

(b) in any other case, an amount equal to 50% of the relevant amount.

(3) In relation to a claimant whose holding, in the year 1999, was located partly outside Northern Ireland, the Department shall make the payment referred to in paragraph (1) or (2) only in relation to that proportion of the holding located in Northern Ireland.

(4) In this regulation –

(a) “the basic amount” means the amount payable to a claimant in accordance with regulation 7;

(b) “the relevant amount” means the compensatory allowance paid to the claimant in the year 2000; and

(c) “the relevant area” means the total of the less favoured area, together with any related less favoured area, entered in the claimant’s application for the year in question.