803.Paragraph 9 sets out provisions in respect of appeals from the decision of the Commissioner, what may be appealed, when and how. Appeals may be made to the appropriate court in England and Wales or Scotland. This paragraph mirrors provisions of section 15 of the Social Security Act 1998. It is intended that the regulations made under that section, which are contained in the Social Security Commissioners (Procedure) Regulations 1999, would be amended where necessary to take account of HB/CTB.
Sub-paragraph (1) allows an appeal on a point of law to the appropriate court from any decision of a Commissioner.
Sub-paragraph (2) provides that appeals can only be made with the leave of a Commissioner (either the Commissioner who gave the decision or, in prescribed cases, by another Commissioner selected in accordance with regulations) or, if the Commissioner refuses leave, with the leave of the appropriate court.
Sub-paragraph (3) specifies the persons who may apply for leave to appeal; namely, (a) a person who was entitled to appeal to the Commissioner, (b) any other person who was a party to the proceedings, and (c) any other person authorised by regulations to apply for leave.  It also allows for regulations to make provision in relation to manner, time limit and procedure as to applications for leave to appeal.
Sub-paragraph (4) requires the Commissioner to specify, on an application for leave to appeal, the appropriate appeal court by reference to the dwelling in respect of which HB/CTB was awarded, namely, the Court of Appeal, where the dwelling is in England and Wales, and the Court of Session where the dwelling is in Scotland.  A different appeal court will be specified, irrespective of where the dwelling is situated, if necessary, having regard to the circumstances of the case and the convenience of the parties.
Sub-paragraph (5) defines terms used in this paragraph.
Part III: Social Security Administration Housing Benefit and Council Tax Benefit Schedule 7 Paragraph 9: Appeal from Commissioner on a point of law