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The Agriculture (Delinked Payments and Consequential Provisions) (England) Regulations 2023

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Calculation of delinked payments

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5.—(1) A delinked payment is to be calculated by the Secretary of State in accordance with Schedule 1.

(2) The period which applies for the purposes of calculating a delinked payment (the “reference period”) is the period of three years which began on 1st January 2020 and ended on 31st December 2022.

(3) The amount which applies for the purposes of calculating a delinked payment (the “reference amount”) is the amount described in paragraph 1 of Schedule 1 that is calculated by the Secretary of State in respect of a person.

(4) When calculating a delinked payment under Schedule 1, the Secretary of State—

(a)may adjust the reference amount to reflect any alterations to payments made to or in respect of a person under the basic payment scheme(1) for any year falling within the reference period; and

(b)must adjust the reference amount—

(i)to offset any proportion of that amount that has been applied for the purposes of calculating a lump sum payment made to any person under regulation 12 of, and the Schedule to, the Agriculture (Lump Sum Payment) (England) Regulations 2022(2); or

(ii)in accordance with paragraph 4 of Schedule 1.

(1)

See section 7(2) of the Act for the meaning given to “basic payment scheme”.

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