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[F1Decisions and appeals dependent on other casesU.K.

Textual Amendments

F1Ss. 28ZA, 28ZB and cross-heading inserted (4.3.1999 for specified purposes, 1.6.1999 in so far as not already in force) by Social Security Act 1998 (c. 14), ss. 43, 87(2); S.I. 1999/528, art. 2(a), Sch.; S.I. 1999/1510, art. 2(d)

28ZADecisions involving issues that arise on appeal in other casesU.K.

(1)This section applies where—

(a)a decision by the [F2Secretary of State] falls to be made under section 11, 12, 16 or 17 F3... ; and

[F4(b)an appeal is pending against a decision given in relation to a different matter by [F5the Upper Tribunal] or a court.]

(2)If the [F6Secretary of State] considers it possible that the result of the appeal will be such that, if it were already determined, it would affect the decision in some way—

(a)[F7the Secretary of State] need not, except in such cases or circumstances as may be prescribed, make the decision while the appeal is pending;

(b)[F8the Secretary of State] may, in such cases or circumstances as may be prescribed, make the decision on such basis as may be prescribed.

(3)Where the [F9Secretary of State] acts in accordance with subsection (2)(b), following the determination of the appeal [F9the Secretary of State] shall if appropriate revise [F9the] decision (under section 16) in accordance with that determination.

(4)For the purposes of this section, 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)in such circumstances as may be prescribed, an appeal against the decision has not been brought (or, as the case may be, an application for leave to appeal against the decision has not been made) but the time for doing so has not yet expired.

(5)In paragraphs (a), (b) and (c) of subsection (4), any reference to an appeal, or an application for leave to appeal, against a decision includes a reference to—

(a)an application for, or for leave to apply for, judicial review of the decision under section 31 of the Supreme Court Act 1981; or

(b)an application to the supervisory jurisdiction of the Court of Session in respect of the decision.

Textual Amendments

28ZBAppeals involving issues that arise on appeal in other casesU.K.

(1)This section applies where—

[F10(a)an appeal (“appeal A”) in relation to a decision or the imposition of a requirement falling within section 20(1) is made to [F11the First-tier Tribunal, or from the First-tier Tribunal to the Upper Tribunal];] and

(b)an appeal (“appeal B”) is pending against a decision given in a different case by [F12the Upper Tribunal] or a court.

(2)If the [F13Secretary of State] 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, [F14the [F13Secretary of State]] may serve notice requiring the [F15First-tier Tribunal or Upper Tribunal]—

(a)not to determine appeal A but to refer it to [F16the [F13Secretary of State]]; or

(b)to deal with the appeal in accordance with subsection (4).

(3)Where appeal A is referred to the [F17Secretary of State] under subsection (2)(a), following the determination of appeal B and in accordance with that determination, [F14the [F17Secretary of State]] shall if appropriate—

(a)in a case where appeal A has not been determined by the [F18First-tier Tribunal], revise (under section 16) [F17the] decision which gave rise to that appeal; or

(b)in a case where appeal A has been determined by the [F19First-tier Tribunal], make a decision (under section 17) superseding the tribunal’s decision.

(4)Where appeal A is to be dealt with in accordance with this subsection, the [F20First-tier Tribunal or Upper Tribunal] shall either—

(a)stay appeal A until appeal B is determined; or

(b)if the [F21First-tier Tribunal or Upper Tribunal] 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.

In this subsection “the appellant” means the person who appealed or, as the case may be, first appealed against the decision [F22or the imposition of the requirement] mentioned in subsection (1)(a).

(5)Where the [F23First-tier Tribunal or Upper Tribunal] acts in accordance with subsection (4)(b), following the determination of appeal B the [F24Secretary of State] shall, if appropriate, make a decision (under section 17) superseding the decision of the [F25First-tier Tribunal or Upper Tribunal] in accordance with that determination.

(6)For the purposes of this section, 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)in such circumstances as may be prescribed, an appeal against the decision has not been brought (or, as the case may be, an application for leave to appeal against the decision has not been made) but the time for doing so has not yet expired.

(7)In this section—

(a)the reference in subsection (1)(a) to an appeal to [F26the Upper Tribunal] includes a reference to an application for leave to appeal to [F26the Upper Tribunal]; and

(b)any reference in paragraph (a), (b) or (c) of subsection (6) to an appeal, or to an application for leave to appeal, against a decision includes a reference to—

(i)an application for, or for leave to apply for, judicial review of the decision under section 31 of the Supreme Court Act 1981; or

(ii)an application to the supervisory jurisdiction of the Court of Session in respect of the decision.

(8)Regulations may make provision supplementing that made by this section.]

Textual Amendments

F22Words in s. 28ZB(4) substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(a)(2), Sch. 3 para. 11(12)(b) (with s. 83(6)); S.I. 2003/192, art. 3, Sch.