PART 2Delinked payments

Calculation of delinked payments5

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 scheme8 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 20229; or

ii

in accordance with paragraph 4 of Schedule 1.