BPS Update May 18, 2015 12:00 am With now less than a month to go before the application deadline for the BPS in England, the RPA has announced some rule clarifications. RLE1 Extension The new requirement to specifically identify all Permanently Ineligible Features (PIFs), rather than simply reduce the claimed area (see April article), has thrown up the need for a lot of RLE1 forms to be submitted. This is particularly an issue for Agents who have a large number of claims to process. The RPA has now agreed that RLE1 forms and associated maps that are registering ‘new’ PIFs do not need to be submitted by the 15th June BPS claim date. The new deadline for these forms is 30th September 2015. Note, however, that this derogation only applies to the identification of PIFs. RLE1s that are registering land for the first time, or indicating a permanent change such a boundary alteration or a field amalgamation still need to be in by the 15th June. Even if an RLE1 is going to be submitted later, the eligible area in column C4 must be reduced by the estimated size of the PIF. And it should be identified separately in columns C5, C6 and C7. As a result of this, we are not sure how useful this derogation is actually going to be. It seems to us that, once Agents have calculated all this, it is not much more work to transpose the information across onto an RLE1. Then the whole job is completed. It may take rather more time to pick the work up again after the 15th June. Additional Guidance The RPA has issued a new ‘Guidance Update’ covering a number of issues that have arisen since the original guidance was published. This can be found at – https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/428031/BPS_Guidance_Update_May_2015_FINAL.pdf (Note, it does not include the RLE1 derogation outlined above, as this came too late for inclusion). Some of the items included are things we have previously written about. However, we provide a brief summary below; Late Changes – alterations to the BPS claim can be made up to the 10th July, but there will be a 1% per day penalty. Agri-environment Scheme Grassland – there are a list of Stewardship options provided. Land put down to grass under these options will retain its arable status. As with all grass margins, there is a choice to code such land within the main crop code, or separate it out if this is beneficial for Greening. Game Covers – in a similar way to the point above, game or wild bird covers can be coded as per the main crop type if claimants wish. A point to note is the type of game cover. Although not specifically stated in the guidance we think a game cover should be an unharvestable mix. If something like just maize is being grown this is potentially a crop, and perhaps should be recorded separately on the form. Young Farmer – additional guidance is provided on what ‘control’ of the business means for the Young Farmers Scheme. Other – there are some additional crop codes added to the list, some examples on the use of buffer strips and a clarification of the rules around fallow land. ‘Insurance’ Reductions In the past, many SPS claimants have traditionally ‘tweaked’ their claimed area downwards as an insurance against being found to have over-claimed. We have always thought this a bit unnecessary if the RLR mapping is robust – but this might not always be the case. There is nothing stopping claimants from doing the same under the BPS. The area in column C8 can simply be reduced (the sum of C8’s does not have to equal the sum of C4’s). Looking at the Penalties section in the Basic Payment Scheme handbook it appears (although it is not crystal clear) that any penalties will be applied on the area on which payment is claimed – i.e. column C8 rather than C4. Therefore, this would seem to provide a degree of insurance.
