Breaking the Rules or Conditions

Breaking the scheme rules and conditions

If you find that you can no longer meet the conditions of the Scheme, write to your area office explaining why and providing any relevant evidence.

You may have to pay back some or all of the payments we have made to you, plus interest. You may also have to pay a penalty. At times we may not expect you to pay us anything. This is where you can provide evidence that the reason for the failure meets the strict conditions of 'force majeure' (see below).

'Force Majeure'

The term 'force majeure' means circumstances beyond anyone's control which affect your ability to keep to the scheme rules and conditions. 'Force majeure' includes:

  • the death of the farmer;
  • the farmer being unable to work over the long-term because of ill health;
  • a large part of the land being taken for public use (if this could not have been known about on the day the option was chosen); and
  • a severe natural disaster seriously affecting the agricultural land on the holding.

We will consider each case on its merits. But for a situation to be considered as 'force majeure' you must write to your area office within 10 days of being able to do so.

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Page updated: Friday, July 03, 2009