SCHEDULES

C1C2SCHEDULE 7HOUSING BENEFIT: REVISIONS AND APPEALS

Annotations:
Modifications etc. (not altering text)

Appeals involving issues that arise on appeal in other cases

17

1

This paragraph applies where—

a

an appeal ( appeal A) in relation to a relevant decision (whether as originally made or as revised under paragraph 3) is made to an appeal tribunal, or from an appeal tribunal to a Commissioner; and

b

an appeal ( appeal B) is pending against a decision given in a different case by a Commissioner or a court.

2

If the relevant authority whose decision gave rise to appeal A considers it possible that the result of appeal B will be such that, if it were already determined, it would affect the determination of appeal A, it may serve notice requiring the tribunal or Commissioner—

a

not to determine appeal A but to refer it to that authority; or

b

to deal with the appeal in accordance with sub-paragraph (4).

3

Where appeal A is referred to the relevant authority under sub-paragraph (2)(a), following the determination of appeal B and in accordance with that determination, it shall if appropriate—

a

in a case where appeal A has not been determined by the tribunal, revise (under paragraph 3) its decision which gave rise to that appeal; or

b

in a case where appeal A has been determined by the tribunal, make a decision (under paragraph 4) superseding the tribunal's decision.

4

Where appeal A is to be dealt with in accordance with this sub-paragraph, the appeal tribunal or Commissioner shall either—

a

stay appeal A until appeal B is determined; or

b

if the tribunal or Commissioner considers it to be in the interests of the appellant to do so, determine appeal A as if—

i

appeal B had already been determined; and

ii

the issues arising on appeal B had been decided in the way that was most unfavourable to the appellant.

5

Where the appeal tribunal or Commissioner acts in accordance with sub-paragraph (4)(b), following the determination of appeal B the relevant authority whose decision gave rise to appeal A shall, if appropriate, make a decision (under paragraph 4) superseding the decision of the tribunal or Commissioner in accordance with that determination.

6

For the purposes of this paragraph, an appeal against a decision is pending if—

a

an appeal against the decision has been brought but not determined;

b

an application for leave to appeal against the decision has been made but not determined; or

c

the time within which—

i

an application for leave to appeal may be made; or

ii

an appeal against the decision may be brought,

has not expired and the circumstances are such as may be prescribed.

7

In this paragraph—

a

the reference in sub-paragraph (1)(a) to an appeal to a Commissioner includes a reference to an application for leave to appeal to a Commissioner;

b

the reference in sub-paragraph (1)(b) to a different case—

i

includes a reference to a case involving a different relevant authority; but

ii

does not include a reference to a case relating to a different benefit; and

c

any reference in head (a), (b) or (c) of sub-paragraph (6) to an appeal, or to an application for leave to appeal, against a decision includes a reference to an application for judicial review of the decision under section 18 of the Judicature (Northern Ireland) Act 1978 (c. 23) or for leave to apply for judicial review.

8

In sub-paragraph (4) the appellant means the person who appealed or, as the case may be, first appealed against the decision mentioned in sub-paragraph (1)(a).

9

Regulations may make provision supplementing the provision made by this paragraph.