SPS 2012 Dual Use FAQs
Published: 29 March 2012
1. Why have you sent me this letter about dual use?
Following EU audit, we have clarified our guidance so that farmers know what the rules are for 2012. It is important that all applicants are aware of these rules - but we are writing separately to all those whom we believe may be directly affected.
2. What is the difference between a dual claim and dual use?
Dual use is where two businesses claimed under different schemes on the same area of land. A dual claim is when two or more businesses may try to claim the same scheme on a single parcel of land.
3. Who else is claiming on my land?
I’m sorry, but we are not able to tell you the name of the other claimant unless they have authorised us to do this. We can check with them first if you would like us to do this, but it may take some time. Please note the information in the annex of the letter was for 2011 and you may already know that nobody else is claiming for 2012 as an agreement has ended or entitlements have been transferred.
4. What scheme is the other person claiming?
This should be shown on the annex to your letter.
5. I don’t claim on some or all of the land parcels you have included in the annex of the letter. What do I need to do?
Please note the letter was based on the SPS 2011 claim and the existing RDPE agreement. If you believe you do not claim SPS or any RDPE scheme on some or all of the land parcels listed in the annex and have not already told us please telephone us on 0845 603 7777 and choose the customer registration option to tell us the details so that we can check our records.
If the land forms part of the agricultural area of your holding you need to declare it on your SPS application. If you are not actually claiming it then you should not activate the area in column C9 of part C of your application.
6. I am the sole claimant for both RDPE and SPS on all the land under my control. What should I do?
We have written to you as we have identified you as one of two separate businesses claiming on that land in 2011. If you believe you are the only claimant for both schemes please telephone us on 0845 603 7777 and choose the customer registration option so that we can check our records.
7. What do you mean by separate businesses?
You may have registered with us separately for different aid schemes, but may in fact be a single business under EU rules. If this is the case we will need to re-register you as a single business.
8. What do you mean by ‘changing your status as a single business’?
If you have registered with us separately for different aid schemes we may need to re-register you as a single business in order to comply with EU rules.
9. How would changing the business status help?
If both claims are being submitted by the same business, this is not dual use, but we will need to register your business under a single SBI in order to comply with EU rules.
10. I have been claiming this land for several years, why are you writing to me now?
Following EU audit, we will be carrying out further checks on dual use cases. We have clarified our guidance so that farmers know what the rules are for 2012. Even if you have claimed on this land in previous years, you should read the updated guidance to make sure that you meet the rules, including the requirement to have a written record of your rights and responsibilities for the land.
11. What exactly should my written record show?
This should confirm that you are able to meet the relevant scheme rules. For example if a tenant is carrying out environmental management on behalf of a landlord, the written record should show that the landlord has provided the tenant with a copy of their agri-environment scheme agreement conditions and should show that the landlord has required the tenant to meet these conditions. The SPS Handbook for England Supplement for 2012 contains further guidance.
12. Why would I want to transfer my entitlements?
If you are farming under a grazing licence or you are a landlord for these parcel(s), you will not have the land at your disposal in order to claim SPS. If this means that you have more entitlements than eligible land, you may wish to transfer your excess entitlements to another farmer. The deadline for transferring SPS entitlements for the 2012 scheme year is 2 April 2012.
13. I’m not sure whether I have a grazing licence or tenancy. How do I know if I have the land at my disposal for SPS purposes?
The rights and responsibilities you have in relation to the land, and how they operate in practice, are more important than what your agreement with the other party is called. For example, if you only have access to graze or mow land under a grazing licence you will not have sufficient control of that land for it to be at your disposal. If however your agreement gives you other responsibilities for the management or control of the land, you may in practice have a tenancy and so may be able to use that land to apply for SPS.
You may want to get independent professional advice relating to your circumstances.
14. I am a grazing licensee who claims UTP and another farmer (the licensor) claims SPS, do I need a written record?
No. You only need a written record where one party claims for SPS and another uses the same land to claim for an RDPE agri-environment or woodland scheme. However, you may still be asked to show how you meet the rules of the scheme so a written record may help you to do this.
You may want to get independent professional advice relating to your circumstances.
15. What happens if I enter into a new RDPE agreement during the SPS scheme year?
You should ensure that you have a written record which shows how you have management control of the land.
16. I normally let the land to a tenant. Can I take it back in hand just for 15 May (or just for a few days) and use it to claim SPS?
If this is only being done for the purposes of claiming SPS payment then this is not allowed under the scheme rules and is likely to be treated as artificially creating the conditions to enable you to submit an application. You may want to get independent professional advice relating to your circumstances.
17. How can I check that I have the land at my disposal for the Single Payment Scheme?
Please read the additional guidance we have provided on page 4 of the SPS Supplement for England 2012.
Page published: 26 February 2013