The Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999

Decisions involving issues that arise on appeal in other cases

21.—(1) For the purposes of Article 25(3)(b), 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 Article 25(1)(b) were decided in a way which is the most unfavourable to him.

(3) For the purposes of Article 25(3)(b), the prescribed basis on which the Department may make the decision is as if—

(a) the appeal in the other case referred to in Article 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 circumstances prescribed under Article 25(5)(c), where an appeal is pending against a decision for the purposes of that Article, even though an appeal against the decision has not been brought (or, as the case may be, an application for leave to appeal against the decision has not been made) but the time for doing so has not yet expired, are where the Department—

(a) certifies in writing that it is considering appealing against that decision; and

(b) considers 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 Article 25(1)(a) refers, or

(ii) the appeal would affect the decision in that case in some other way.