PART II APPLICATION AND DETERMINATION PROCEDURE
Rejection of an application following preliminary considerationI16
1
The Secretary of State may, on completing the preliminary consideration, reject an application for a variation (and proceed to make his decision on the application for a maintenance calculation, or to revise or supersede a decision under section 16 or 17 of the Act, without the variation, or not to revise or supersede a decision under section 16 or 17 of the Act, as the case may be) if one of the circumstances in paragraph (2) applies.
2
The circumstances are—
a
the application has been made in one of the circumstances to which regulation 7 applies;
b
the application is made—
i
on a ground in paragraph 2 of Schedule 4B to the Act (special expenses) and the amount of the special expenses, or the aggregate amount of those expenses, as the case may be, does not exceed the relevant threshold provided for in regulation 15;
ii
on a ground in paragraph 3 of that Schedule (property or capital transfers) and the value of the property or capital transferred does not exceed the minimum value in regulation 16(4); or
iii
on a ground referred to in regulation 18 (assets) and the value of the assets does not exceed the figure in regulation 18(3)(a), or on a ground in regulation 19(1) F1or (1A) (income not taken into account) and the amount of the income does not exceed the figure in regulation 19(2);
c
a request under regulation 8 has not been complied with by the applicant and the Secretary of State is not able to determine the application without the information requested; or
d
the Secretary of State is satisfied, on the information or evidence available to him, that the application would not be agreed to, including where, although a ground is stated, the facts alleged in the application would not bring the case within the prescription of the relevant ground in these Regulations.