Uplands Transitional Payment Frequently Asked Questions
Frequently Asked Questions
The following are a series of questions and answers concerning specific aspects of the UTP. If you have a query concerning a particular area you can 'jump' straight to that area by clicking on one of the following links:
- Most Frequently Asked Questions
1. I farm land covered by an ESA and/or CSS agreement and claimed HFA 2010. Can I apply for the UTP?
Yes. You are eligible to receive the UTP on all of the SDA land within your holding until the agreement ends. We will pay you for
all eligible SDA and SDA Moorland forage on your holding . We will continue to apply a 700ha limit as well as the full and half payment rule from the HFA.
Or, if the ESA and/or CSS agreement is only part of the land covered by your SBI you could choose not to claim for the UTP. Instead, you could enter the remaining eligible part of your SDA land which is not covered by an ESA and/or CSS agreement into
Uplands Entry Level Stewardship. If you choose to do this you will not be eligible for UTP on any of your holding. Only you can make this decision for your business.
2. I have non-SDA forage land in an ESA and/or CSS agreement. I rent some SDA forage each year which is not in an agreement, but which was claimed by me for HFA 2010. Can I receive the UTP?
No, you cannot claim the UTP. This is because the ESA and/or CSS agreement, whether it is your own or your landlord’s must cover all or part of the SDA forage land on your holding.
3. I claimed HFA 2010 and have an ESA and /or CSS agreement which is on part of the SDA land covered by my SBI. Will I be eligible for the UTP on all of my SDA land or just the parts in the ESA and/or CSS agreement?
You will be eligible for payment on all the SDA land across your holding, although we cannot pay you for more than we determined for HFA 2010
4. Why do I need to tell you about all of my agricultural land?
It is a European Union (EU) regulatory requirement that you declare all of your land, including your non-LFA and DA forage on your application. This is important if you are also a dairy farmer because land used for milk production is not eligible for the UTP.
We will calculate how much of your land is used for milk production based on the amount of milk quota you hold on 31 March in the year in which you apply for the UTP. If you do not list all of your forage area in Part C (Field Data Sheet), column C11 on your SPS application we cannot calculate the removal of your milk quota properly and your payment(s) could be affected.
Also, cross compliance applies across your whole holding and not just the land on which you claim UTP.
5. How should I declare land on my SPS application that I am not claiming for the UTP?
You should declare the land parcel in Part C (Field Data Sheet) of your SPS application, but you must leave column C11 blank for that land parcel. If the land is eligible for SPS you should follow the SPS application rules.
6. I am a tenant and do not know my landlord’s ESA and/or CSS agreement number. How should I complete Part E3 D of the SPS application?
If you do not know your landlord’s agreement number and it is not possible to get it before you send your application to us, please leave Part E3 D blank. We will complete the necessary information once we begin to check your claim.
7. I have bought some new SDA forage which was not part of my HFA 2010 application, can I add this land to my UTP application?
As this is a transitional payment, we cannot pay you for more land than we determined for HFA 2010. However you should declare your new land in Part C (Field Data Sheet), column C11 on your SPS application (to meet the requirement to declare all your available forage.)
Important: If your HFA 2010 claim had penalties applied to the land areas, your UTP area limit will be set at the determined area of your HFA 2010 claim before we applied the penalties.
8. Can I withdraw all or part of my application?
You can withdraw all or part of your application at any time before we pay you. You must tell us in writing and this must be before we tell you about any mistakes, and before we tell you about an inspection.
9. I am waiting for some Rural Land Register (RLR) maps to confirm the size of the area which I can claim, what shall I do?
You should fill in your application as accurately as you can. Please include a covering letter with your application to explain the situation.
10. I did not apply for UTP last year, but will still be farming eligible land in an ESA and/or CSS agreement next year. Can I apply for the UTP this year?
Yes, if you claimed HFA 2010. You do not need to have previously claimed the UTP.
11. I claimed HFA 2010 and farm land covered by an ELS agreement. Can I apply for UTP?
No. The UTP is only intended for farmers who cannot join the successor scheme Uplands ELS because of an existing ESA and/or CSS agreement. Instead, you may be able to enter this land into an
Uplands Entry Level Stewardship agreement.
12. I have never claimed for the HFA but I do farm land in the SDA on which there is an existing ESA and/or CSS agreement, although I am not the agreement holder, am I eligible for the UTP?
No. Only farmers who have successfully claimed for HFA 2010 are eligible for the UTP except in the situations described at questions 13 and 14. Instead you may be able to enter
Uplands Entry Level Stewardship for any areas of land which are not covered by an ESA and/or CSS agreement.
13. I am new to farming since June 2010 and I have taken over an ESA and/or CSS agreement. Can I receive the UTP?
Yes. You can apply for the UTP even though you didn’t claim HFA 2010 because you have taken over the existing agreement.
14. I have inherited a business which received HFA 2010 and has SDA forage land in an ESA and/or CSS agreement of which I am now the agreement holder. Although I have never applied for the HFA, can I receive the UTP?
Yes. You can receive the UTP, even though you didn’t claim HFA 2010 because, you have taken over the existing ESA and/or CSS agreement.
15. I am new to farming and have taken on a tenancy involving land in an ESA and/or CSS agreement, although I am not the agreement holder. I started farming after the HFA ended, can I receive the UTP?
No, you cannot receive the UTP. The UTP is only open to those farmers who claimed HFA 2010 and farm land in an ESA and/or CSS agreement or who started farming since HFA 2010 closed and have taken over an ESA and/or CSS agreement which prevents them from accessing Uplands Entry Level Stewardship at this time.
16. I claimed for HFA 2010 and have SDA forage on my farm which is in an Entry Level Stewardship and ESA and/or CSS agreements. Can I apply for the UTP?
Yes. You can apply for the UTP on all of your eligible land i.e. including the land covered by your Entry Level Stewardship agreement.
Alternatively, you can speak to your Natural England advisor about the possibility of ending your existing Entry Level Stewardship and ESA and/or CSS agreements and starting a new
Uplands Higher Level Stewardship agreement;.
If you choose to do this you will not be eligible for UTP on any of your holding. Only you can make this decision for your business.
(These questions refer to common land registered under the 1965 Act, not to shared grazing.)
17. What is the difference between common land and shared grazing?
Common land is registered under the 1965 Act and the UTP payment is based on the common land rights in Part CA of the SPS application. Shared grazing is land not registered as a common which more than one grazier uses. It is listed as a land parcel in Part C (Field Data Sheet) of your SPS application.
18. There is an ESA and/or CSS agreement on the common on which I have grazing rights. I do not have any agreements on my own land. Can I still claim the UTP?
Provided that the agreement on the common doesn’t end before 1 January in the year after you applied for the UTP and you claimed for HFA 2010 then you will be able to receive the UTP on your common land only.
If you have SDA forage on your own holding you should consider entering it into an
Uplands Entry Level Stewardship agreement.
19. I claimed HFA 2010 and have an ESA and /or CSS agreement on my own land. I also have grazing rights on a nearby common in the SDA, which is not in an agreement. Can I claim the UTP?
You can apply for the UTP on your holding land, but you cannot apply for the UTP on your common land grazing rights. Instead the common will be eligible for entry into
Uplands Entry Level Stewardship under a whole common agreement.
If your UTP claim is below 10 hectares after your common land grazing rights and/or land from other UK regions' (Wales, Scotland and Northern Ireland) claims have been deducted, we will make the Uplands Transitional Payment on your eligible land so you will not be disadvantaged by the new rules on common land eligibility.
20. I have claimed HFA 2010 and have grazing rights on an SDA common which is in an ESA and/or CSS agreement. I have SDA forage land on my farm and no ESA and/or CSS agreement. Can I receive the UTP?
Yes, you can receive the UTP on your common land only and may be able to enter your farm into an
Uplands Entry Level Stewardship agreement. We will not make the Uplands Transitional Payment on your own land because it is not covered by an ESA and/or CSS agreement. Instead you may be able to enter this land into an
Uplands Entry Level Stewardship agreement.
21. I have claimed HFA 2010 and farm land in an ESA and/or CSS agreement on both my holding and the common on which I hold grazing rights. The agreement on the common expires before the end of the year following my application, whereas the agreement on my holding land continues. What options do I have under the UTP?
You can apply for the UTP on all of your eligible SDA land, but once the agreement on your common ends you will not receive the UTP on it. You can then enter the common into a whole common
Uplands Entry Level Stewardship agreement with the agreement of the landowner and the other commoners.
Important: In this case we reduce your common land payment in the final year of the agreement that covers the common. The payment you receive is based on how long the agreement lasts after 1 January following the year in which you applied for UTP.
22. I have claimed HFA 2010 and have grazing rights on an SDA common which is in an ESA and/ or CSS agreement. I have SDA forage on my farm which is in Entry Level Stewardship and ESA and/or CSS agreements. Can I receive the UTP?
Yes. You can receive the UTP on your common land and your own land.
Or, you can receive the UTP on your common land and may be able to enter your Entry Level Stewardship land into
Uplands Entry Level Stewardship.
However, you cannot receive both Uplands Entry Level Stewardship and the UTP on your own land. You will cannot include the ESA/ CSS land on the new
Uplands Entry Level Stewardship agreement. Only you can decide which option to take for your business.
23. I have claimed HFA 2010 and am claiming UTP on my own holding. I have entered into a Uplands Entry Level Stewardship agreement on my common land with other parties. The Uplands Entry Level Stewardship land parcels have been mapped onto the RLR. Do I need to list my common land parcels in Part C (Field Data Sheet) of my SPS application?
No. Although we ask you to list all of your available forage land on the SPS application, you should only list common land in the common land grazing rights section, Part CA.
(The term “tenant” also includes those with short term grazing/mowing licences.)
24. I rent/am the grazier of some SDA forage on an annual basis. The land I rented and claimed for HFA 2010 is not available to me this year, so I have rented some different SDA forage. Can I still receive the UTP on it?
Yes. You do not have to farm the same land for UTP as you did for HFA 2010. However, we will not pay you for more land than we determined for HFA 2010.
25. I claimed HFA 2010 but my or my landlord’s ESA and/or CSS agreement ends before 1 January next year. Can I receive the UTP until the agreement ends?
No. You cannot receive the UTP, you or your landlord should consider applying for
Uplands Entry Level Stewardship.
26. I rent/am the grazier of a parcel of SDA land which is part of an ESA and/or CSS agreement that ends after 1 January of the year following submission of my application for the UTP. I have no agreements on my own SDA forage, but I did claim for HFA 2010. Am I eligible for the UTP?
Yes, you can apply for the UTP on all of your eligible forage land until the agreement ends.
27. I claimed HFA 2010 and have my own SDA forage land on which I have an Entry Level Stewardship agreement, but I also rent some SDA forage land from a neighbour which is in an ESA agreement. What can I apply for?
Since you rent SDA land in an ESA agreement you can apply for the UTP on all of the eligible land on your holding, including the land covered by your Entry Level Stewardship agreement.
Alternatively, you can end your Entry level Stewardship agreement on your land and start a new
Uplands Entry Level Stewardship agreement.
If you choose to do this you will not be eligible for UTP on any of your holding. Only you can make this decision for your business.
28. I am a landlord and ESA and/or CSS agreement holder with a tenant/grazier claiming the UTP. Can my tenant/grazier transfer eligibility for the UTP to either myself or a new tenant?
No. You or the new tenant can only receive the UTP if you satisfy the eligibility requirements in section B, paragraph 1 of the Uplands Transitional Payment 2012 to 2014 booklet.
29. I claimed for HFA 2010 and I own land which is in an ESA and/or CSS agreement, but I also rent/graze land from a landlord who has an Entry Level Stewardship agreement on his holding. If my landlord enters the Uplands Entry Level Stewardship can I still apply for the UTP on that land?
No. If your landlord enters
Uplands Entry Level Stewardship you cannot apply for the UTP on those land parcels. This is because you cannot be paid the UTP whilst also farming land in
Uplands Entry Level Stewardship. In this situation, you and the landlord must agree who is going to join which scheme. We will remove any land claimed for
Uplands Entry Level Stewardship from your UTP claim.
(This refers to a business with a single SBI, but which has more than one subsidiary CPH.)
30. I have a main holding and three subsidiary holdings. They are all in the SDA and I claimed HFA 2010. I have ESA and/or CSS agreements on two of my subsidiary holdings. Can I receive the UTP on these two subsidiary holdings and enter my main holding and the third subsidiary holding into Uplands Entry Level Stewardship?
No. You cannot have land in the UTP and
Uplands Entry Level Stewardship at the same time. You can either apply for the UTP on all your land or wait until your existing agreements end and then enter
Uplands Entry Level Stewardship.
31. I am an executor acting on behalf of someone who claimed HFA 2010 and the UTP this year who has since died. Will the estate still receive the UTP?
If the person died before they were able to meet all of the eligibility rules we may still be able to pay the estate. We will assess each case on an individual basis.
32. I am not sure if I should apply for UTP, but I must make my SPS application to meet the deadline. What should I do?
You should fill in your SPS application as if you want to apply for the UTP and follow the scheme rules. If you change your mind and decide to enter
Uplands Entry Level Stewardship instead, you can withdraw your claim for the UTP at any time.
If you do not tell us that you want to withdraw your claim early enough for us to process it, and you receive a payment you will have to repay it.
If you apply for UTP after the application deadline we may apply late application penalties.
33. I find all the various dates for land retention, animal retention and agreements difficult to follow. Could you provide a timeline of all the various requirements?
Yes. You can access a timeline of events by clicking on this file
Page published: 8 November 2011