Department withholding entitlements

Itchy1

I have leased entitlements this year with land and now the department is saying that because I didn't claim them myself first before leasing them they won't pay out to the far leasing them even thought the transfer form was submitted prior to this year's closing date .... and there only telling me this now .... why the delay ... any thoughts

Bass Reeves

I say it is in the small print that entitlements had to be drawn down first by owner. As with all farm payments you have to be awre of the terms and conditions

Itchy1

Looking at t and c nothing specific about owner having to draw down prior to leasing

J.O. Farmer

Itchy1 wrote: »

Looking at t and c nothing specific about owner having to draw down prior to leasing

They had to be drawn down last year to activate them. Were they drawn down if not they could be lost to the national reserve.

Itchy1

Drawn down last year by previous owner just bought them with land this year

Sheep breeder

Itchy1 wrote: »

Drawn down last year by previous owner just bought them with land this year

Sure they were not transferred to you to lease out this year as they were still in the previous owners name.

Itchy1

They were transferred to me with land sale I just didn't apply for them because I knew they were going to be leased out.

foxirl

Itchy1 wrote: »

They were transferred to me with land sale I just didn't apply for them because I knew they were going to be leased out.

Did you ever get this sorted Itchy1.
I am in the process of being gifted land and entitlements and plan to lease some of it out and don't want to run into the same issue.

zetor 4911

Itchy1 wrote: »

They were transferred to me with land sale I just didn't apply for them because I knew they were going to be leased out.

I am not aware of any rule that you can't buy entitlements and lease them out in the same year. Would be very interested to know what the outcome to this was.

Itchy1

Have appealed the departments decision on this still waiting on a decision

foxirl

I was onto the department this week and I they said there shouldn't be an issue.
Basically need to do two transfers when the forms come available later this year.
One from original owner to me and then another to farmer leasing the land.

They told me over the phone but didn't give it to me in writing.

foxirl

Itchy1 wrote: »

Have appealed the departments decision on this still waiting on a decision

Best of luck. Hope you get it sorted.
When you bought the land was the transfer of entitlements form filled in and submitted before you leased out the land and did the second transfer of entitlements.

As I said I'm in a similar situation and would be interested in having a chat with you. I spoke to the department and they said that there wasnt an issue with leasing the entitlements I'm about to be gifted. If you are interested in a chat PM me you number and I'll give you a buzz

zetor 4911

foxirl wrote: »

I was onto the department this week and I they said there shouldn't be an issue.
Basically need to do two transfers when the forms come available later this year.
One from original owner to me and then another to farmer leasing the land.

They told me over the phone but didn't give it to me in writing.

That's 100% correct no need for it in writing.

zetor 4911

Itchy1 wrote: »

They were transferred to me with land sale I just didn't apply for them because I knew they were going to be leased out.

Was the transfer of entitlement form completed when you bought the land transferring the entitlements from the person selling the land to you. Also was there a second transfer of entitlement form completed leasing them from you to the person leasing the land from you? This is what should have been done.

foxirl

zetor 4911 wrote: »

That's 100% correct no need for it in writing.

Hi Zetor, Are you speak from experience on this or do you work for the department.
I'm still a little worried about especially after the issue Itchy1 had.

zetor 4911

foxirl wrote: »

Hi Zetor, Are you speak from experience on this or do you work for the department.
I'm still a little worried about especially after the issue Itchy1 had.

I speak purely from experience and thankfully I don't work for the Department.
Your case looks to me to be straight forward so just do as the girl in the dept said. Best of luck.

Sheep breeder

If you receive entitlements in any shape or form by gift, purchase etc, you must first get them transferred in to your name before you can use or lease or sell and have a herd number active in your name And it has to be done between the first on January and the closing date for BPS scheme, after this date you have to wait till the following year.