The Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001

Decisions involving issues that arise on appeal in other cases

15.—(1) For the purposes of paragraph 16(3)(b) of Schedule 7 to the Act (prescribed cases and circumstances in which a decision may be made) the prescribed cases and circumstances are those in which the claimant would be entitled to benefit to which the decision which falls to be made relates, even if the appeal in the other case referred to in paragraph 16(1)(b) of that Schedule were decided in the way which is most unfavourable to him.

(2) For the purposes of paragraph 16(3)(b) of Schedule 7 to the Act (prescribed basis) the prescribed basis on which the relevant authority may make a decision is as if—

(a) the appeal in the other case referred to in paragraph 16(1)(b) of that Schedule 7 had already been determined; and

(b) the appeal had been decided in the way which is most unfavourable to the claimant.