FEES 2.3 Relieving Provisions
Remission of Fees and levies2
If it appears to the FCA 5 or410 the FSCS (in relation to any FSCS levy only) 2 that in the exceptional circumstances of a particular case, the payment of any fee, FSCS levy2,3 FOS levy, CFEB levy or SFGB levy6 would be inequitable, the FCA 5 or410 the FSCS2 as relevant, may (unless FEES 2.3.2B R applies)1 reduce or remit all or part of the fee or levy in question which would otherwise be payable.
410341034103410If it appears to the FCA 5 or410 the FSCS (in relation to any FSCS levy only)2 that in the exceptional circumstances of a particular case to which FEES 2.3.1R does not apply, the retention by the FCA 5 the FSCS,2 or the CFEB3, as relevant, of a fee, FSCS levy2,3 FOS levy, CFEB levy or SFGB levy6 which has been paid would be inequitable, the FCA 5 the FSCS2 or the CFEB3, may (unless FEES 2.3.2B R applies)1 refund all or part of that fee or levy.
41034103410334101A poor estimate or forecast by a fee or levy 2payer, when providing information relevant to an applicable tariff base, is unlikely, of itself, to amount to an exceptional circumstance for the purposes of FEES 2.3.1 R or FEES 2.3.2 R. By contrast, a mistake of fact or law by a fee or levy 2payer may give rise to such a claim.
1The FCA 5or the FSCS 2may not consider a claim under FEES 2.3.1 R and/or FEES 2.3.2 R to reduce, remit or refund any overpaid amounts paid by a fee or levy2 payer in respect of a particular period, due to a mistake of fact or law by the fee or levy2 payer, if the claim is made by the fee or levy2 payer more than 2 years after the beginning of the period to which the overpayment relates.
6For FEES 7A, the FCA is entitled not to consider a claim under FEES 2.3.1R or FEES 2.3.2R to refund any overpaid amounts due to a mistake of fact or law by the fee-paying firm if the claim is made more than two years after the beginning of the period to which the SFGB levy subject to the claim relates.