Fee waiver p131 declared 52 average is 47

Hello, Trying to help an employer out. But I think my hands maybe tied. The employer has declared as of 13/03 he has 52 staff members as that is the figure once we've enrolled his apprentices (there are 3) Paragraph 131 of the funding rules says its an average of the preceeding 365 days to sign up. Which comes out at 47 for this employer. But I fear the P131 doesn't apply because he's declared 52 at sign up. So my question can I apply the fee waiver or not? Many thanks