2

Where regulation 16(3)(b)(i) applies, payment of a benefit suspended shall be made if the Secretary of State—

a

does not, in the case of a decision of an appeal tribunal, apply for a statement of the reasons for that decision within the period of one month specified in regulation 53(4);

b

does not, in the case of a decision of an appeal tribunal, a Commissioner or a court, make an application for leave to appeal and (where leave to appeal is granted) make the appeal within the time prescribed for the making of such applications and appeals;

c

withdraws an application for leave to appeal or the appeal; or

d

is refused leave to appeal, in circumstances where it is not open to him to renew the application for leave or to make a further application for leave to appeal.

3

Where regulation 16(3)(b)(ii) applies, payment of a benefit suspended shall be made if the Secretary of State, in relation to the decision of a Commissioner or the court in a different case—

a

does not make an application for leave to appeal and (where leave to appeal is granted) make the appeal within the time prescribed for the making of such applications and appeals;

b

withdraws an application for leave to appeal or the appeal; or

c

is refused leave to appeal, in circumstances where it is not open to him to renew the application for leave or to make a further application for leave to appeal.