PART IIDECISIONS AND APPEALS

C1C2C3C4C5C6 CHAPTER IISOCIAL SECURITY DECISIONS AND APPEALS

Annotations:
Modifications etc. (not altering text)
C1

Pt. 2 Ch. 2 (arts. 9-39) applied (1.7.2008 for certain purposes, otherwise 27.10.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), ss. 18(2), 60(1); S.R. 2008/276, art. 2(2)(c), Sch. Pt. 1

C2

Pt. 2 Ch. 2 (arts. 9-39) modified (1.1.2009) by Health and Social Care Act 2008 (c. 14), ss. 135(8), 170(3); S.I. 2008/3137, art. 2

C3

Pt. 2 Ch. 2 (arts. 9-39) modified by 1992 c. 7, Sch. 4C para. 4 (as inserted (prosp.) by Pensions (No. 2) Act (Northern Ireland) 2008 (c. 13), ss. 81(5), 118(1), Sch. 2)

C6

Pt. 2 Ch. 2 power to apply (with modifications) conferred (14.11.2016 for the purposes of the trial, 21.4.2017 in so far as not already in operation) by Childcare Payments Act 2014 (c. 28), ss. 59(4)(b), 75(2); S.I. 2016/1083, reg. 2(g); S.I. 2017/578, reg. 3(e)

Decisions and appeals dependent on other cases

Appeals involving issues that arise on appeal in other cases26 F1

F21

This Article applies where—

a

an appeal ( “appeal A”) in relation to a decision under Article 9, 10 or 11 is made to an appeal tribunal, or from an appeal tribunal to a Commissioner; and

b

an appeal ( “appeal B”) is pending against a decision given in a different case by a Commissioner or a court (whether or not the two appeals concern the same benefit).

2

If the Department considers it possible that the result of appeal B will be such that, if it were already determined, it would affect the determination of appeal A, the Department may serve notice requiring the tribunal or Commissioner—

a

not to determine appeal A but to refer it to the Department; or

b

to deal with the appeal in accordance with paragraph (4).

3

Where appeal A is referred to the Department under paragraph (2)(a), following the determination of appeal B and in accordance with that determination, the Department shall if appropriate—

a

in a case where appeal A has not been determined by the tribunal, revise (under Article 10) its decision which gave rise to that appeal; or

b

in a case where appeal A has been determined by the tribunal, make a decision (under Article 11) superseding the tribunal's decision.

4

Where appeal A is to be dealt with in accordance with this paragraph, the appeal tribunal or Commissioner shall either—

a

stay appeal A until appeal B is determined; or

b

if the tribunal or Commissioner considers it to be in the interests of the appellant to do so, determine appeal A as if—

i

appeal B had already been determined; and

ii

the issues arising on appeal B had been decided in the way that was most unfavourable to the appellant.

In this paragraph “the appellant” means the person who appealed or, as the case may be, first appealed against the decision mentioned in paragraph (1)(a).

5

Where the appeal tribunal or Commissioner acts in accordance with paragraph (4)(b), following the determination of appeal B the Department shall, if appropriate, make a decision (under Article 11) superseding the decision of the tribunal or Commissioner in accordance with that determination.

6

For the purposes of this Article, an appeal against a decision is pending if—

a

an appeal against the decision has been brought but not determined;

b

an application for leave to appeal against the decision has been made but not determined; or

c

in such circumstances as may be prescribed, 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.

7

In this Article—

a

the reference in paragraph (1)(a) to an appeal to a Commissioner includes a reference to an application for leave to appeal to a Commissioner; and

b

any reference in sub-paragraph (a), (b) or (c) of paragraph (6) to an appeal, or to an application for leave to appeal, against a decision includes a reference to an application for, or for leave to apply for, judicial review of the decision under section 18 of the [1978 c. 23.] Judicature (Northern Ireland) Act 1978.

8

Regulations may make provision supplementing that made by this Article.