F7 PART III SUSPENSION, TERMINATION AND OTHER MATTERS
CHAPTER IIOTHER MATTERS
Decisions involving issues that arise on appeal in other cases21
1
For the purposes of section 25(3)(b) (prescribed cases and circumstances in which a decision may be made on a prescribed basis) a case which satisfies the condition in paragraph (2) is a prescribed case.
2
The condition is that the claimant would be entitled to the benefit to which the decision which falls to be made relates, even if the appeal in the other case referred to in section 25(1)(b) were decided in a way which is the most unfavourable to him.
3
For the purposes of section 25(3)(b), the prescribed basis on which the Secretary of State F17or the Board may make the decision is as if—
a
the appeal in the other case which is referred to in section 25(1)(b) had already been determined; and
b
that appeal had been decided in a way which is the most unfavourable to the claimant.
4
The circumstance prescribed under section 25(5)(c), where an appeal is pending against a decision for the purposes of that section, even though an appeal against the decision has not been brought (or, as the case may be, an application for F10permission to appeal against the decision has not been made) but the time for doing so has not yet expired, is where the Secretary of State F5or the Board—
a
certifies in writing that he is F13, or certify in writing that they are, considering appealing against that decision; and
b
considers F3, or consider, that, if such an appeal were to be determined in a particular way—
i
there would be no entitlement to benefit in a case to which section 25(1)(a) refers; or
ii
the appeal would affect the decision in that case in some other way.
Appeals involving issues that arise in other cases22
The circumstance prescribed under section 26(6)(c), where an appeal is pending against a decision in the case described in section 26(1)(b) even though an appeal against the decision has not been brought (or, as the case may be, an application for F9permission to appeal against the decision has not been made) but the time for doing so has not yet expired, is where the Secretary of State F6or the Board—
a
certifies in writing that he is F11, or certify in writing that they are, considering appealing against that decision; and
b
considers F8, or consider, that, if such an appeal were already determined, it would affect the determination of the appeal described in section 26(1)(a).
Child support decisions involving issues that arise on appeal in other cases23
F161
For the purposes of section 28ZA(2)(b) of the Child Support Act
M1
(prescribed cases and circumstances in which a decision may be made on a prescribed basis), a case which satisfies either of the conditions in paragraph (2) is a prescribed case.
2
The conditions referred to in paragraph (1) are that—
a
if a decision were not made on the basis prescribed in paragraph (3), the parent with care would become entitled to income support if a claim were made, or to an increased amount of that benefit;
b
the F20non-resident parent is an employed earner or a self-employed earner.
3
For the purposes of section 28ZA(2)(b) of the Child Support Act, the prescribed basis on which the F18Secretary of State may make the decision is as if—
a
the appeal in relation to the different maintenance F19calculation, which is referred to in section 28ZA(1)(b) of that Act had already been determined; and
b
that appeal had been decided in a way that was the most unfavourable to the applicant for the decision mentioned in section 28ZA(1)(a) of that Act.
4
The circumstances prescribed under section 28ZA(4)(c) of the Child Support Act (where an appeal is pending against a decision for the purposes of that section, even though an appeal against the decision has not been brought or, as the case may be, an application for F2permission to appeal against the decision has not been made but the time for doing so has not expired), are that the F1Secretary of State—
a
certifies in writing that F1the Secretary of State is considering appealing against that decision; and
b
F1the Secretary of State considers that, if such an appeal were to be determined in a particular way—
i
there would be no liability for child support maintenance, or
ii
such liability would be less than would be the case were an appeal not made.
5
In this regulation—
“F21non-resident parent” and “parent with care” have the same meaning as in section 54 of the Child Support Act;“employed earner” and “self-employed earner” have the same meaning as in section 2(1) of the Contributions and Benefits Act.
Child support appeals involving issues that arise in other cases24
F4
The circumstances prescribed under section 28ZB(6)(c) of the Child Support Act
M2
, where an appeal is pending against a decision in the case described in section 28ZB(1)(b) even though an appeal against the decision has not been brought (or, as the case may be, an application for
F12permission
to appeal against the decision has not been made), is where the
F14Secretary of State
—
a
certifies in writing that F15the Secretary of State is considering appealing against that decision, and
b
considers that, if such an appeal were already determined, it would affect the determination of the appeal described in section 28ZB(1)(a).
Pts. II III IV revoked (7.4.2003 for specified purposes and with effect in accordance with reg. 1(2)) by The Child Benefit and Guardian s Allowance (Decisions and Appeals) Regulations 2003 (S.I. 2003/916) , regs. 1(1) , 34(a) (with reg. 35 )