F1Decisions and appeals dependent on other cases

Annotations:
Amendments (Textual)
F1

Ss. 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 cases

1

This section applies where—

a

a decision by the F19Secretary of State falls to be made under section 11, 12, 16 or 17 F5... ; and

F2b

an appeal is pending against a decision given in relation to a different matter by F8the Upper Tribunal or a court.

2

If the F20Secretary 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

F21the Secretary of State need not, except in such cases or circumstances as may be prescribed, make the decision while the appeal is pending;

b

F22the 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 F23Secretary of State acts in accordance with subsection (2)(b), following the determination of the appeal F23the Secretary of State shall if appropriate revise F23the 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.

28ZBAppeals involving issues that arise on appeal in other cases

1

This section applies where—

F3a

an appeal (“appeal A”) in relation to a decision or the imposition of a requirement falling within section 20(1) is made to F9the 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 F10the Upper Tribunal or a court.

2

If the F24Secretary 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, F6the F24Secretary of State may serve notice requiring the F11First-tier Tribunal or Upper Tribunal—

a

not to determine appeal A but to refer it to F7the F24Secretary of State; or

b

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

3

Where appeal A is referred to the F25Secretary of State under subsection (2)(a), following the determination of appeal B and in accordance with that determination, F6the F25Secretary of State shall if appropriate—

a

in a case where appeal A has not been determined by the F12First-tier Tribunal, revise (under section 16) F25the decision which gave rise to that appeal; or

b

in a case where appeal A has been determined by the F13First-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 F14First-tier Tribunal or Upper Tribunal shall either—

a

stay appeal A until appeal B is determined; or

b

if the F15First-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 F4or the imposition of the requirement mentioned in subsection (1)(a).

5

Where the F16First-tier Tribunal or Upper Tribunal acts in accordance with subsection (4)(b), following the determination of appeal B the F26Secretary of State shall, if appropriate, make a decision (under section 17) superseding the decision of the F17First-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 F18the Upper Tribunal includes a reference to an application for leave to appeal to F18the 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.