SCHEDULES

SCHEDULE 7 Housing benefit and council tax benefit: revisions and appeals

Redetermination etc. of appeals by tribunal

7

(1)

This paragraph applies where an application is made F1to the First-tier Tribunal for permission to appeal to the Upper Tribunal from any decision of the First-tier Tribunal under paragraph 6.

(2)

F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

If each of the principal parties to the case expresses the view that the decision was erroneous in point of law, F3the First-tier Tribunal shall set aside the decision and refer the case for determination by a differently constituted F4First-tier Tribunal.

(4)

In this paragraph and paragraph 8 “principal parties” means—

(a)

where he is the applicant for leave to appeal or the circumstances are otherwise such as may be prescribed, the Secretary of State;

(b)

the relevant authority against whose decision the appeal to the appeal tribunal was brought; and

(c)

the person affected by the decision against which the appeal to the appeal tribunal was brought or by the tribunal’s decision on that appeal.