Stage 2 Appeal Outcomes

March 2023

The committee heard an appeal against a claim for an AFGS grant where the application form was received after the item was purchased. The committee rejected the appeal and unanimously agreed that all DEFA policies and procedures were followed correctly. The committees remit in considering the appeal within the parameters of the scheme as it stood at the time meant that is was agreed to recommend that the Departments decision to reject the claim should be upheld. 

The DEFA Minister accepted these recommendations of the committee to reject the claim.

December 2022

The committee heard an appeal where there was failure to meet the deadline for submission of the claim form. The committee agreed that all DEFA policies and procedures were followed correctly throughout the process, that the Stage 1 review had been thorough and correct, and that going forward the recent changes in policy should help avoid this situation reoccurring.

The Committee's remit in considering the appeal within the parameters of the scheme as it stood at the time meant that it was agreed to recommend that the Department's decision to reject the claim should be upheld.

The Minister accepted the recommendations of the committee that the Departments decision to reject the claim should be upheld.

September 2022

The Committee heard an appeal against a claim for an AFGS grant where the submission of the claim form was received after the deadline.

The Committee rejected the appeal on the basis that the deadline had been breached and concluded payment of the grant should not be made. In the report provided by the committee however there were recommendations to the Department to make amendments to the application of the scheme, in order to provide additional clarity for applicants.

The Minister acknowledged the recommendations from the report, and agreed to make the suggested changes. In light of these amendments the Minister then overturned the Committee decision and upheld the appeal.

The Department has made amendments to the application of the scheme to aid future clarity – see below;

• Any extensions to the 12 month time limit, when requested by the applicant, will, if appropriate, be given for a minimum period of 6 months
  
  
• Confirmation of any extensions will be provided in writing, with the revised claim deadline date clearly stated
  
  
• The Department will endeavour to send a reminder of the claim extension deadline date in advance of the expiry of the approval, although the responsibility to be aware of the deadline date remains that of the applicant

The decision of the officers and the committee was correct based on the rules of the scheme at the time. The decision by the Minister to overturn the decision of officers and the committee, is not taken lightly. The intention of this decision is to allow the recommendations of the Committee to be implemented, and to assess this decision in line with the amendments. This is not to be applied retrospectively to other cases predating this decision.

December 2019

The Committee heard an appeal regarding the non-compliance of a livestock building meeting the special conditions as per Schedule.  The Committee agreed that given the age of the building the ventilation was adequate.

The Department to review the wording in the AFGS in the section on 'provision or improvement of internal fittings for livestock buildings' to provide examples of how this can be demonstrated.

The Minister upheld the recommendations.