811.This paragraph makes provision for cases which turn on a point of law which is to be considered by a court on appeal in another case. The local authority may defer making a decision in such cases, or make it in prescribed cases on such basis as may be prescribed.
Sub-paragraph (1) provides that this paragraph applies where a decision falls to be made (including one revising or superseding an earlier decision) which turns on an issue of law which is being challenged in another case (the “lead case”), through the Courts.
Sub-paragraph (2) provides that the local authority need not make a decision where they consider that the outcome of the lead case might mean there would be no entitlement to benefit.
Sub-paragraph (3) provides that if the local authority considers it possible that the outcome of the lead case might affect the decision in the case in some other way, they (a) need not make the decision while the appeal is pending, except in prescribed cases or circumstances; or (b) may make the decision on such basis as may be prescribed.
Sub-paragraph (4) requires the local authority, where they have made a decision on the prescribed basis, to revise that decision where appropriate, once the lead case is finally decided.
Sub-paragraph (5) defines when an appeal is pending in a lead case for the purposes of this paragraph.  Regulations made under this sub-paragraph would cover cases where an appeal has not been brought, or an application for appeal has not been made, but the time limit for doing so has not expired.  This would cover the situation where the local authority has received a decision of an appeal tribunal or a Commissioner and is considering whether they should seek leave to appeal against it.
Sub-paragraph (6) provides that the reference to an appeal, or application for leave to appeal, in sub-paragraph (5) includes an application for judicial review to the High Court or its equivalent in the Court of Session.
Sub-paragraph (7) clarifies that the reference to another case in sub-paragraph (1) includes a case involving a decision made by a different local authority, but does not include a case relating to a benefit other than HB or CTB.
Part III: Social Security Administration Housing Benefit and Council Tax Benefit Schedule 7 Paragraph 16: Decisions involving issues that arise on appeal in other cases