The president of NFU Scotland has written to the European Commission seeking if the base area used to decide levels of less-favoured areas can be changed so it better reflects the current situation on farms and crofts.
The so-called rebasing would remove those who have dropped out of the £65million scheme as a result of their farming circumstances changing but who continue to receive support. It would also allow those who have become ineligible for aid since the last rebasing in 2009 to qualify.
LFA is often viewed as a lifeline support measure, given that 85% of Scotland’s agricultural area is in it, including some of the most disadvantaged and vulnerable regions.
It was due to disappear in 2015 and be replaced by the new area of natural constraint scheme, but the delay in agreeing Cap reforms means that is now unlikely to happen until 2017.
The union has in recent years persistently called for LFA payments to go only to active hill, upland and island farmers.
Mr Miller said the base year of 2009 meant new entrants and others who have started keeping suckler cows and breeding sheep are locked out from receiving support. Money is, however, still being paid out to those who have exited livestock farming.
“A significant number of farmers in Scotland’s LFA’s now operate identical farming systems and face the same identical physical disadvantages as their neighbours, but they cannot access vital rural development support because of the historic anchor within the LFA support scheme.
“That group of excluded businesses could become eligible for LFA payments by moving to a new base year of 2012, and looking at the livestock kept by all farmers in the LFAs that year.
“With the extension of the present LFA arrangements to perhaps 2017, the injustices of historic eligibility have become more acute and require and urgent solution.”
Mr Miller said the union had contacted the Scottish Government on the issue and was now wanting confirmation from the commission that a rebasing of Scotland’s LFA is allowed in the current scheme rules.
A Scottish Government spokeswoman said last night: “Work on the design of the new Scottish Rural Development Programme, which includes LFA, is well under way and we look forward to receiving views when we consult on the details later this year.
“On the issue of farmers being excluded from LFA, in recent years the Scottish Government has amended the scheme rules specifically to address this issue. This work was carried out in close collaboration with NFUS. If there remains a significant number of excluded farmers, then the government would of course want to be aware so that we can consider whether further action is needed.”