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Social Security Act 1998, Section 26 is up to date with all changes known to be in force on or before 05 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)This section applies where—
(a)an appeal (“appeal A”) in relation to a decision under section 8, 9 or 10 above is made to [F1the 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 [F2the Upper Tribunal] or a court (whether or not the two appeals concern the same benefit).
(2)If the Secretary 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, he may serve notice requiring the [F3First-tier Tribunal or Upper Tribunal]—
(a)not to determine appeal A but to refer it to him; or
(b)to deal with the appeal in accordance with subsection (4) below.
(3)Where appeal A is referred to the Secretary of State under subsection (2)(a) above, following the determination of appeal B and in accordance with that determination, he shall if appropriate—
(a)in a case where appeal A has not been determined by the [F4First-tier Tribunal], revise (under section 9 above) his decision which gave rise to that appeal; or
(b)in a case where appeal A has been determined by the [F5First-tier Tribunal], make a decision (under section 10 above) superseding the tribunal’s decision.
(4)Where appeal A is to be dealt with in accordance with this subsection, the [F6First-tier Tribunal or Upper Tribunal] shall either—
(a)stay appeal A until appeal B is determined; or
(b)if the [F7First-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 mentioned in subsection (1)(a) above.
(5)Where the [F8First-tier Tribunal or Upper Tribunal] acts in accordance with subsection (4)(b) above, following the determination of appeal B the Secretary of State shall, if appropriate, make a decision (under section 10 above) superseding the decision of the [F9First-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) above to an appeal to [F10the Upper Tribunal] includes a reference to an application for leave to appeal to [F10the Upper Tribunal]; and
(b)any reference in paragraph (a), (b) or (c) of subsection (6) above 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 [1981 c. 54.] 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
F1Words in s. 26(1)(a) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 162(2)(a)
F2Words in s. 26(1)(b) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 162(2)(b)
F3Words in s. 26(2) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 162(3)
F4Words in s. 26(3)(a) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 162(4)
F5Words in s. 26(3)(b) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 162(4)
F6Words in s. 26(4) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 162(5)(a)
F7Words in s. 26(4)(b) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 162(5)(b)
F8Words in s. 26(5) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 162(6)(a)
F9Words in s. 26(5) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 162(6)(b)
F10Words in s. 26(7)(a) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 162(7)
Modifications etc. (not altering text)
C1Ss. 25, 26 applied (with modifications) by (14.6.1999 for specified purposes, 5.7.1999 in so far as not already in force) , s. 170(7) (as substituted (14.6.1999 for specified purposes, 5.7.1999 in so far as not already in force) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), ss. 16(2), 28(3) (with Sch. 8); S.I. 1999/1662, art 2, Sch. (with art. 4))
C2S. 26 applied (with modifications) (6.4.2010) by The National Insurance Contribution Credits (Transfer of Functions) Order 2009 (S.I. 2009/1377), arts. 1(1), 3(2)(p), 4
Commencement Information
I1S. 26 in force at 5.7.1999 for specified purposes by S.I. 1999/1958, art. 2(1)(b), Sch. 1 (with art. 5, Sch. 12)
I2S. 26 in force at 29.11.1999 for specified purposes by S.I. 1999/3178, art. 2(1)(a)(2), Sch. 1 (with art. 4, Schs. 21-23)
I3S. 26(1)-(7) in force at 6.9.1999 for specified purposes by S.I. 1999/2422, art. 2(c), Sch. 1 (with art. 4, Sch. 14)
I4S. 26(1)-(7) in force at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (with art. 3, Sch. 2)
I5S. 26(1)-(7) in force at 18.10.1999 for specified purposes by S.I. 1999/2860, art. 2(c), Sch. 1 (with art. 4, Schs. 16-18)
I6S. 26(6)(c) in force at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.
I7S. 26(8) in force at 1.6.1999 by S.I. 1999/1510, art. 2(d) (with arts. 48-51)
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