More than five years of organic REPS cash recovered in appeal
The Department withheld payments for organic farming which had been due to be paid at the time for 1998/99 (his fifth year in the scheme) and requested the farmer to refund payments already made to him for all previous years along with interest on those payments.
The complainant felt the Department’s stance was unfair, as he had been properly licensed and approved for organic farming for the five years prior to the withdrawal of the licence. He appealed, and when no favourable response was forthcoming, he complained to Ombudsman, Kevin Murphy. Mr Murphy found that the terms and conditions of the 1994 scheme which applied in this case did not provide for the recoupment of monies paid out in previous years, for periods where a valid organic licence was held.
“The Department reviewed the case and decided to overturn its decision to seek full recoupment of all monies paid to the complainant. The only payment to be withheld was that due from the date of withdrawal of the licence in August 1999. “The farmer was subsequently paid his fifth year organic payment and two months of the sixth year (up to the date of the withdrawal of the licence).
“He was also refunded monies which he had claimed under other schemes and which the Department had withheld, to offset the REPS overpayment they had raised against him. “The Department reviewed all similar cases, to ensure consistency of approach where overpayments occurred. This had limited application, as the 1994 REPS was the only one which did not contain a provision allowing the Department to recoup all monies paid under the scheme, where an organic farming licence had been withdrawn.”
