812.Paragraph 17 deals with appeals which turn on an issue of law which is being challenged in another case (the “lead case”) through the courts. It allows the local authority to require an appeal tribunal or Commissioner: to refer an appeal case to them instead of deciding it, to stay an appeal case, or to make a decision in an appeal case as if the lead case was decided in the way most unfavourable to the appellant.
Sub-paragraph (1) provides that this paragraph applies where an appeal is made to an appeal tribunal or Commissioner, and that appeal turns on an issue of law which is being challenged in the lead case through the courts.
Sub-paragraph (2) provides that the local authority may serve notice requiring the appeal tribunal or, as the case may be, the Commissioner, to refer the appeal to them, or to deal with the appeal in accordance with sub-paragraph (4) below.
Sub-paragraph (3) provides that the local authority shall, if and as appropriate, revise or supersede the decision in a case referred to them under sub-paragraph (2)(a), in accordance with the decision in the lead case, once that case is finally decided.
Sub-paragraph (4) provides that where the local authority issues a notice under sub-paragraph (2)(b) above, the appeal tribunal or Commissioner shall either (a) stay the appeal or (b) if they consider it to be in the interests of the appellant to do so, decide it as if the lead case were decided in the way most unfavourable to the appellant.  A decision in the latter instance would allow any benefit, which would not be affected by the decision in the lead case, to be paid.
Sub-paragraph (5) requires the local authority, if appropriate, to supersede any decision of the appeal tribunal or Commissioner under sub-paragraph (4)(b) above once the lead case is finally decided.
Sub-paragraph (6) sets out where an appeal is pending in a lead case for the purposes of this paragraph.  Regulations to be made under this sub-paragraph would cover cases where an appeal has not been brought, or an application for leave to appeal has not been made, but the time limit for doing so has not expired.  Regulations would cover the situation where the local authority has received a decision of a Commissioner or court and is considering whether there appears to be an error of law in the decision and whether they should seek leave to appeal against it.
Sub-paragraph (7) provides that the reference to an appeal to a Commissioner in sub-paragraph (1)(a) includes a reference to an application for leave to appeal to a Commissioner.  It also clarifies that the reference in sub-paragraph (1)(b) to a different case includes a reference to a case involving a different local authority, but does not include a case relating to a benefit other than HB or CTB.  It further provides that the reference to an appeal or an application for leave to appeal in sub-paragraph (6) includes an application for judicial review to the High Court or its equivalent in the Court of Session.
Sub-paragraph (8) defines “appellant” for the purposes of sub-paragraph (4).
Sub-paragraph (9) enables regulations to be made to supplement provision in this paragraph.
Part III: Social Security Administration Housing Benefit and Council Tax Benefit Schedule 7 Paragraph 17: Appeals involving issues that arise on appeal in other cases