SCHEDULES
SCHEDULE 7 Housing benefit and council tax benefit: revisions and appeals
Appeals involving issues that arise on appeal in other cases
17
1
This paragraph applies where—
a
an appeal (“appeal A”) in relation to a relevant decision (whether as originally made or as revised under paragraph 3) is made to F1the First-tier Tribunal, or from the First-tier Tribunal to the Upper Tribunal; and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.
2
If the relevant authority whose decision gave rise to appeal A consider 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, they may serve notice requiring the F3First-tier Tribunal or Upper Tribunal—
a
not to determine appeal A but to refer it to them; or
b
to deal with the appeal in accordance with sub-paragraph (4).
3
Where appeal A is referred to the authority under sub-paragraph (2)(a), following the determination of appeal B and in accordance with that determination, they shall if appropriate—
a
in a case where appeal A has not been determined by the F4First-tier Tribunal, revise (under paragraph 3) their decision which gave rise to that appeal; or
b
in a case where appeal A has been determined by the F4First-tier Tribunal, make a decision (under paragraph 4) superseding the tribunal’s decision.
4
Where appeal A is to be dealt with in accordance with this sub-paragraph, the F5First-tier Tribunal or Upper Tribunal shall either—
a
stay appeal A until appeal B is determined; or
b
if the F6First-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.
5
Where the F7First-tier Tribunal or Upper Tribunal acts in accordance with sub-paragraph (4)(b), following the determination of appeal B the relevant authority whose decision gave rise to appeal A shall, if appropriate, make a decision (under paragraph 4) superseding the decision of the F8First-tier Tribunal or Upper Tribunal in accordance with that determination.
6
For the purposes of this paragraph, 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
the time within which—
i
an application for leave to appeal may be made, or
ii
an appeal against the decision may be brought,
has not expired and the circumstances are such as may be prescribed.
7
In this paragraph—
a
the reference in sub-paragraph (1)(a) to an appeal to F9the Upper Tribunal includes a reference to an application for leave to appeal to a Commissioner;
b
the reference in sub-paragraph (1)(b) to a different case—
i
includes a reference to a case involving a different relevant authority; but
ii
does not include a reference to a case relating to a different benefit unless the different benefit is housing benefit or council tax benefit; and
c
any reference in paragraph (a), (b) or (c) of sub-paragraph (6) to an appeal, or to an application for leave to appeal, against a decision includes a reference to—
i
an application for judicial review of the decision under section 31 of the M1Supreme Court Act 1981 or for leave to apply for judicial review; or
ii
an application to the supervisory jurisdiction of the Court of Session in respect of the decision.
8
In sub-paragraph (4) “the appellant” means the person who appealed or, as the case may be, first appealed against the decision mentioned in sub-paragraph (1)(a).
9
Regulations may make provision supplementing the provision made by this paragraph.