5.—(1) This paragraph applies where—
(a)an application or claim in respect of which a fee (“the application fee”) is specified by these Regulations is rejected as invalid before a decision is issued in respect of that application or claim,
(b)the fee specified in 10.8.1 is payable for the processing of that application or claim, and
(c)the amount of the application fee paid in respect of the rejected application or claim is less than the amount of the fee specified in 10.8.1.
(2) The Secretary of State may waive the payment of the fee specified in 10.8.1 to the extent that the amount of that fee exceeds the amount of the application fee paid in respect of the rejected application or claim.]
Textual Amendments