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SCHEDULES

SCHEDULE 7HOUSING BENEFIT: REVISIONS AND APPEALS

Redetermination, etc. of appeals by tribunal

7.—(1) This paragraph applies where an application is made to a person for leave under paragraph 8(7)(a) or (c) to appeal from a decision of an appeal tribunal.

(2) If the person considers that the decision was erroneous in point of law, he may set aside the decision and refer the case either for redetermination by the tribunal or for determination by a differently constituted tribunal.

(3) If each of the principal parties to the case expresses the view that the decision was erroneous in point of law, the person shall set aside the decision and refer the case for determination by a differently constituted tribunal.

(4) In this paragraph and paragraph 8 “principal parties” means—

(a)where it is the applicant for leave to appeal or the circumstances are otherwise such as may be prescribed, the Department;

(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.