The person named submitted two applications under the 2004 EU special beef premium scheme, one dated 17 August 2004, in respect of four animals and one dated 20 December 2004, in respect of seven animals.
Following computer validation it was found that one of the four animals applied for on 17 August 2004 was slaughtered on 13 October 2004, inside the regulatory two-month retention period. Under the terms and conditions of the 2004 EU special beef premium scheme, applicants were required to "own, possess, hold and maintain" the animals applied on, for the entire two months retention period, starting on the day after the application is received by the Department.
By letter dated 24 August 2004 the person named was advised that this application had been received on 17 August 2004, the retention period would expire on 18 October 2004 and the first date on which any of the animals included on the application could be sold was 18 October 2004.
By letter dated 22 November 2004 the person named was advised that as the animal in question was slaughtered during the regulatory two-month retention period, no payment would be made on the animal and a penalty would be applied, in accordance with the terms and conditions.
The person named subsequently appealed this decision and, by letter dated 31 January, following consideration of the appeal, was advised that the original penalty was being upheld.
The person named was advised of the right of appeal to the agricultural appeals office; to date, no such appeal has been lodged with that office.