Regulation 5 Outstanding applications at calculation date
Where at the calculation date there is outstanding an application for a maintenance assessment or a departure direction, or under section 16 or 17 of the former Act for the revision or supersession of a maintenance assessment, an interim maintenance assessment or a departure direction, the Secretary of State may—
(a)
where the application has been finally decided in accordance with Regulations made under the former Act for deciding such applications, supersede the maintenance assessment in accordance with regulation 3; or
(b)
where he is unable to make a final decision on the application for—
(i)
a departure direction; or
(ii)
a revision or supersession,
supersede the maintenance assessment or the interim maintenance assessment in accordance with regulation 3.