SCHEDULES

F5SCHEDULE 7 Housing benefit and council tax benefit: revisions and appeals

Annotations:
Amendments (Textual)
F5

Sch. 7 repealed (1.4.2013 for specified purposes) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 1; S.I. 2013/358, art. 8(c), Sch. 4 (with arts. 9, 10, Sch. 5)

Redetermination etc. of appeals by tribunal

7

1

This paragraph applies where an application is made F1to the First-tier Tribunal for permission to appeal to the Upper Tribunal from any decision of the First-tier Tribunal under paragraph 6.

2

F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

If each of the principal parties to the case expresses the view that the decision was erroneous in point of law, F3the First-tier Tribunal shall set aside the decision and refer the case for determination by a differently constituted F4First-tier Tribunal.

4

In this paragraph and paragraph 8 “principal parties” means—

a

where he is the applicant for leave to appeal or the circumstances are otherwise such as may be prescribed, the Secretary of State;

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.