The person named, having been notified that the circumstances outlined by him did not satisfy the criteria for force majeure— exceptional circumstances under Article 40 of Council Regulation (EC) No. 1782/2003, submitted an appeal to the independent single payment appeals committee.
Following a full examination of the circumstances outlined in the appeal, the independent single payment appeals committee made a recommendation and a letter issued to the person named on 21 January 2005. The findings of the appeals committee were that the original decision taken by my Department should be upheld.
The person named had been under the care of his local GP since 1995 and in 1999 applied to participate in the early retirement scheme. Prior to his commencement in the early retirement scheme in 2000, the person named established a number of entitlements during that year. These entitlements may be activated and leased to the transferee in 2005. After the expiration of the lease the entitlements will return to the person named and may then be either leased out or transferred to a family member.