When does DAERA pay compensation for Brucellosis?
DAERA compensates herdkeepers when animals are compulsorily removed under the Brucellosis Control Order (Northern Ireland) 2004 (as amended).
What is the rate of compensation?
The “market value” of an animal is defined in both the Tuberculosis and Brucellosis Control Orders as meaning the price which might reasonably have been obtained for it at the time of valuation from a purchaser in the market if it had been free from disease.
All animals removed for Tuberculosis (i.e. both reactors and in-contact animals) are compensated for at 100% of market value.
From 1 September 2012 brucellosis in-contact animals are compensated for in exactly the same way as brucellosis reactors. This means that all animals removed for brucellosis now receive the lesser of 75% of their market value or 75% of an amount based on the average market price for dairy commercial animals, which will continue to be calculated monthly. For brucellosis reactor and in-contact pedigree animals, the upper limit is obtained by adding £300 to the amount calculated for commercial cattle.
How will my animals be valued?
A DAERA Valuation Officer will contact you to make an appointment to come to the farm and carry out a valuation. The Valuation Officer will first check the identification of the reactor and may mark the animal. He will then assess the current market value of the reactor based on his knowledge and experience. You should ensure that any documentation in your possession that is relevant to the market value of the animal (for example pedigree certification or milk records or any other relevant information such as progeny or sibling performance) is available at time of valuation. Only original, valid documents will be considered. The Valuation Officer will also ask you whether a female animal is in calf and the stage of pregnancy will be taken into consideration.
The Valuation Officer will use the information provided to arrive at the valuation amount.
The Valuation Officer records his valuation figure on a Market Value of Animals form (BT29), which you must sign to say whether or not you accept the valuation. The valuation papers along with any pedigree certificates are forwarded to the Divisional Veterinary Office (DVO).
You may apply to the Senior Livestock Valuation Officer, Valuations Unit at Omagh DVO if you require a copy of the certificate.
If you agree to the valuation made by the Valuation Officer, the DVO will contact DAERA’s haulier who will arrange with you for the collection of the animal as soon as possible. The reactor animal must be kept isolated, fed and watered by you until it is collected.
Do I have to accept a valuation?
No. If you fail to agree a market value with DAERA within three working days you must sign the BT29 form indicating that you have declined the DAERA valuation. You then have the option to choose an Independent Valuer (IV) from an approved list, which will be provided to you by the DAERA valuer.
You must select and notify DAERA of your choice of IV within 2 working days of being offered the DAERA list of IVs. You must make your own arrangements for this independent valuation to be carried out.
You will be responsible for any costs, fees or other expenses incurred by the IV selected by you in carrying out this valuation. If you fail to inform DAERA of your nomination within the 2 working days, DAERA will determine the value of the animal(s) and proceed to remove the animals for slaughter.
If you have nominated an IV within the 2 days, your chosen IV should carry out the assessment and provide both you and DAERA with written confirmation of his valuation. You must ensure that DAERA receives the Independent Valuation, in writing from the IV, within 8 working days of your nomination.
If this does not occur, DAERA will determine the value of the animal(s) and proceed to slaughter. Note that any independent valuation carried out is not final and binding, and may be appealed by either DAERA or the owner of the animal(s).
Should the timescales outlined above not be complied with, you still have the right to appeal the valuation. However, slaughter will proceed irrespective of whether an appeal is being made by you or DAERA.
Can I appeal a valuation?
If you or DAERA is dissatisfied with the determination of the market value of any animal, you or DAERA may submit an appeal to the Tuberculosis and Brucellosis (TB/BR) Valuation Appeals Panel, an independent panel appointed by DAERA for the purpose.
An appeal must be submitted in writing by either the Herdkeeper or DAERA to the Valuation Appeals Secretariat within 30 working days from the date of valuation.
The appeal must be lodged on a Valuation Appeal (VA1) Form (provided by the DAERA Valuation Officer) and accompanied by the following:
- a fee of £100 (payable by the Herdkeeper only, as per the Diseases of Animals (Valuation) (Fees) Order (Northern Ireland) 2004)
- full details of the grounds of appeal
- accompanying documentary evidence
- notification of the change sought to the valuation
Following consideration of an appeal submitted by you or DAERA, the TB/BR Valuation Appeals Panel shall determine the market value of the animal and such determination shall be final and binding on both you and DAERA.
When is compensation withheld?
Under Article 18(6) of the Diseases of Animals (NI) Order 1981 (as amended) DAERA has discretion to withhold compensation where it is suspected that an offence may have been committed.
If DAERA is currently investigating irregularities noted at the time of the test on your herd, compensation may be withheld until the investigation is concluded and any prosecution/court proceedings are finalised, after which a decision will be taken on whether or not, or to what extent, payment can be made. You will be informed by letter if compensation is to be withheld pending investigation.