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)

28ZBAppeals involving issues that arise on appeal in other cases

1

This section applies where—

F2a

an appeal (“appeal A”) in relation to a decision or the imposition of a requirement falling within section 20(1) is made to F6the 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 F7the Upper Tribunal or a court.

2

If the F16Secretary 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, F4the F16Secretary of State may serve notice requiring the F8First-tier Tribunal or Upper Tribunal—

a

not to determine appeal A but to refer it to F5the F16Secretary 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, F4the F17Secretary of State shall if appropriate—

a

in a case where appeal A has not been determined by the F9First-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 F10First-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 F11First-tier Tribunal or Upper Tribunal shall either—

a

stay appeal A until appeal B is determined; or

b

if the F12First-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 F3or the imposition of the requirement mentioned in subsection (1)(a).

5

Where the F13First-tier Tribunal or Upper Tribunal acts in accordance with subsection (4)(b), following the determination of appeal B the F18Secretary of State shall, if appropriate, make a decision (under section 17) superseding the decision of the F14First-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 F15the Upper Tribunal includes a reference to an application for leave to appeal to F15the 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.