F3 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 F6or 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 F4permission 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 F2or the Board—
a
certifies in writing that he is F5, or certify in writing that they are, considering appealing against that decision; and
b
considers F1, 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.
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 )