PART VIIIPAYMENT
Suspension – F2an appropriate tribunal56
1
Where it appears to the Secretary of State that a question arises whether an appeal ought to be brought against the decision of F3an appropriate tribunal, he may, subject to paragraph (2), direct that payment of benefit in accordance with that decision be suspended, in whole or in part, pending the determination of the appeal.
2
Where it appears to the Secretary of State that a question arises under paragraph (1), he may only give directions that payment of benefit in accordance with that decision be suspended within the relevant period.
3
A suspension under paragraph (1) shall cease unless, within the relevant period, the person awarded benefit by virtue of the decision (“the beneficiary”) is given or sent notice in writing that an application for leave to appeal has been made against that decision.
4
Subject to paragraph (5), where the beneficiary has been given or sent notice within the relevant period that an application for leave to appeal against a decision of F3an appropriate tribunal has been made, the suspension may continue until that application for leave to appeal and, where leave has been granted, any subsequent appeal is determined.
5
Where an application for leave to appeal against a decision of F3an appropriate tribunal is made to F3an appropriate tribunal and that application is refused, the suspension shall cease unless the Secretary of State, within a period of 28 days beginning with the date on which notice in writing of the decision of F4the appropriate tribunal refusing leave to appeal is received by him, makes a further application for leave to appeal, and, if he has so applied, the suspension may continue until that application for leave to appeal and any subsequent appeal is determined.
6
Where, on an appeal against a decision of F5an appropriate tribunal, F6a Commissioner or the Upper Tribunal, as the case may be remits the matter for rehearing and determination by F5an appropriate tribunal, the appeal is not determined for the purposes of paragraphs (4) and (5) until the matter remitted for rehearing has been determined.
7
In this article,
a
“appeal” means an appeal under section 6A of the Pensions Appeal Tribunals Act 1943 M1
b
“application for leave to appeal” means an application for leave to appeal under section 6A(6) of that Act F7or section 11 of the Tribunals, Courts and Enforcement Act 2007; and
c
“relevant period” means the period of six weeks beginning with the date on which notice in writing of the decision in question and of the reasons for it is received by the Secretary of State.