The applicant in this case applied on 26 June 2001 for 16 cows and four heifers under the 2001 suckler cow premium scheme for small scale milk suppliers. According to the scheme's terms and conditions, applicants must have a milk quota of less than 32,478 gallons on 31 March 2001-1 April 2001. They must give undertakings not to increase their milk quotas either temporarily or permanently to 32,478 or more gallons during an unbroken 12 months period starting in each case on the day the application is received by the Department and must comply with that undertaking. They must have suckler cows surplus to the cows needed to produce those quotas. Where the producer is not in an official milk recording scheme the number of notional dairy cows needed to produce the milk quota is that quota divided by 876 gallons. The person named holds a milk quota of 30,139 gallons – this includes 1,300 gallons allocated from the national reserve in July 2001. He has 44 cows in total, 34.40 of those are required to fill the milk quota leaving a balance of 9.6 cows eligible for payment of suckler cow premium and 2.4 heifers – 25% of eligible cows. Payment issued in accordance with these terms and conditions on 26 October 2001 for 12 animals, his full 80% entitlement under the 2001 suckler cow premium scheme.