Table 1 Breach reduction matrix for non respect of commitments attached to granting of aid which is not related to the size of area declared.
Intent | Extent | Severity | Permanence | Consequence of breach | 1 st Repetition | 2 nd Repetition |
|---|
Negligence | Minimum | Low | Rectifiable within the year. | Warning letter sent giving opportunity to rectify - if not rectified within the year - withhold or recover 50% of payment for area affected for year in question. | Double the reduction for each category | Will be treated as intentional |
Rectifiable within period of agreement in order to deliver desired benefit. | Withhold or recover 50% of payment for area affected for year of discovery. In addition send a warning letter giving opportunity to rectify - and withhold future payments for each year until year breach is rectified for area in question. If not rectified within period of agreement recover all previous payments made for area in question with interest, (only applicable to five year commitments). |
Permanent (cannot be rectified within period of agreement in order to deliver desired benefit). | Withhold future payments and recover previous payments for area in question with interest. |
High | Rectifiable within the year. | Warning letter sent giving opportunity to rectify - if not rectified within the year - withhold or recover 100% of payment for area affected for year in question. |
Negligence | Minimum | High | Rectifiable within period of agreement in order to deliver desired benefit. | Withhold or recover 100% of payment for area affected for year of discovery. In addition send a warning letter giving opportunity to rectify - and withhold future payments for each year until year breach is rectified for area in question. If not rectified within period of agreement recover all previous payments made for area in question with interest, (only applicable to five year commitments). | Double the reduction for each category | Will be treated as intentional |
Permanent (cannot be rectified within period of agreement in order to deliver desired benefit) | Withhold future payments and recover all previous payments for area in question with interest. |
Medium | Low | Rectifiable within the year | Warning letter sent giving opportunity to rectify - if not rectified within the year - withhold or recover 75% of payment for area affected for year in question. |
Rectifiable within period of agreement in order to deliver desired benefit. | Withhold or recover 75% of payment for area affected for year of discovery. In addition send a warning letter giving opportunity to rectify - and withhold future payments for each year until year breach is rectified for area in question. If not rectified within period of agreement recover payments made for area in question with interest, (only applicable to five year commitments) |
Negligence | Medium | Low | Permanent (cannot be rectified within period of agreement in order to deliver desired benefit by the following year). | Withhold future payments and recover all previous payments for area in question with interest. | Double the reduction for each category | Will be treated as intentional |
High | Rectifiable within the year. | Warning letter sent giving opportunity to rectify - if not rectified within the year - withhold or recover 100% of payment for area affected for year in question. |
Rectifiable within period of agreement in order to deliver desired benefit. | Withhold or recover 100% of payment for area affected for year of discovery. In addition send a warning letter giving opportunity to rectify - and withhold future payments for each year until year breach is rectified for area in question. If not rectified within period of agreement recover all payments made for area in question with interest, (only applicable to five year commitments) |
Permanent (cannot be rectified within period of agreement in order to deliver desired benefit by the following year). | Withhold future payments and recover previous payments for area in question with interest. |
High | Low | Rectifiable within the year. | Warning letter sent giving opportunity to rectify - if not rectified within the year - withhold or recover 100% of payment for whole site. |
Negligence | High | Low | Rectifiable within period of agreement in order to deliver desired benefit | Withhold or recover 100% of payment for area affected for year of discovery. In addition send a warning letter giving opportunity to rectify - and withhold future payments for each year until year breach is rectified for area in question. If not rectified within period of agreement recover all previous payments made for whole site with interest (only applicable to five year commitments). | Double the reduction for each category | Will be treated as intentional |
Permanent (cannot be rectified within period of agreement in order to deliver desired benefit). | Withhold future payments and recover previous payments whole site with interest. |
High | Rectifiable within the year. | Warning letter sent giving opportunity to rectify - if not rectified within the year - withhold or recover 100% of payment for whole site for year in question. |
Rectifiable within period of agreement in order to deliver desired benefit. | Withhold or recover 100% of payment for area affected for year of discovery. In addition send a warning letter giving opportunity to rectify - and withhold future payments for each year until year breach is rectified for area in question. If not rectified within period of agreement recover all previous payments made for whole site with interest, (only applicable to five year commitments). |
Negligence | High | High | Permanent (cannot be rectified within period of agreement in order to deliver desired benefit) | Withhold future payments and recover all previous payments for area in question with interest. | Double the reduction for each category | Will be treated as intentional |
Intentional | Excluded from measure ( RDR measure eg agri-environment) in question for year in question and the following year. In addition the approach identified for each category above will be adopted for sites where the breach has occurred. | Excluded from all RDR funding schemes for 2 years. | Excluded from all RDR funding schemes for 2 years. |
Intent | Extent | Severity | Permanence | Consequence of breach | 1 st Repetition | 2 nd Repetition |
|---|
Negligent | Partially Complete | Low | Rectifiable within the year | Warning letter sent giving opportunity to rectify - if not rectified within the year - withhold or recover 50% of payment for year in question. | Double the reduction for each category | These cases will be treated as intentional. |
Rectifiable within period of agreement in order to deliver desired benefit. | Withhold or recover 50% of payment for year of discovery. In addition send a warning letter giving opportunity to rectify - and withhold future payments for each year until year breach is rectified. If not rectified within period of agreement recover all previous payments made with interest, (only applicable to 5 year element). |
Permanent (cannot be rectified within period of agreement in order to deliver desired benefit). | Withhold future payments and recover previous payments with interest. |
High | Rectifiable within the year | Warning letter sent giving opportunity to rectify - if not rectified within the year - withhold or recover 75% of payment for year in question. |
| Negligent | Partially Complete | High | Rectifiable within period of agreement in order to deliver desired benefit. | Withhold or recover 75% of payment for year of discovery. In addition send a warning letter giving opportunity to rectify - and withhold future payments for each year until year breach is rectified. If not rectified within period of agreement recover all previous payments made with interest, (only applicable to 5 year element). | Double the reduction for each category | These cases will be treated as intentional. |
| Permanent (cannot be rectified within period of agreement in order to deliver desired benefit). | Withhold future payments and recover previous payments with interest. |
| Not undertaken | Low/High | Rectifiable within the year. | Warning letter sent giving opportunity to rectify - if not rectified within the year - withhold or recover 100% of payment for year in question. |
| Rectifiable within period of agreement in order to deliver desired benefit. | Withhold or recover 100% of payment for year of discovery. In addition send a warning letter giving opportunity to rectify - and withhold future payments for each year until year breach is rectified. If not rectified within period of agreement recover all previous payments made with interest, (only applicable to 5 year element). |
| Negligent | Not undertaken | Low/High | Permanent (cannot be rectified within period of agreement in order to deliver desired benefit). | Withhold future payments and recover previous payments with interest | Double the reduction for each category | These cases will be treated as intentional. |
| Intentional | Excluded from measure ( RDR measure eg agri-environment) in question for year in question and the following year. In addition the approach identified for each category above will be adopted for sites where the breach has occurred. | Excluded from all RDR funding schemes for 2 years. | Excluded from all RDR funding schemes for 2 years. |