Breaches and penalties

This is an old version of the page

Date published: 19 January, 2017

Date superseded: 17 June, 2017

For recent changes to this guidance, please see the bottom of the page.

If you do not follow your contract terms and conditions we will call this a breach.

A breach may be identified through the automatic checking we carry out against your application, claim, land or allowances, through an inspection or following a check of any supporting documentation relating to a claim.

It is your responsibility to ensure that all contract conditions are fulfilled and that all information in your application and claim is accurate.

If you have breached your agreement, future grant payments will be reduced or withheld and sums previously paid will be recovered.

The scheme is subject to different provisions in the European Union regulations depending on whether your contract has management or capital items as described below.

These items are covered by Article 63 of Commission Regulation (EU) No. 809/2014 and Article 35 of Commission Delegated Regulation (EU) No. 640/2014

Under Article 63, once we receive your capital claim we will establish:

  • (a) the amount that you are due based on what you have claimed and
  • (b) what you are due after an examination of the eligibility of the expenditure of your claim and supporting documentation

If what you have claimed exceeds what you are due after the examination of your claim by more than 10 per cent, an administrative penalty equal to the difference between the two amounts will be applied to the amount that you are eligible to be paid.

For example, if you have an item in your contract approved for £1,000 but you submit a claim and invoices for £1,200, your eligible costs will be £1,000 with a penalty of £200 which means that you will receive a payment of £800.

The maximum reduction we can impose is 100 per cent of the claim. For an explanation of Article 35, see the section headed Capital and Management Items.

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