# Child Support Act 1991, Section 28ZA: Decisions involving issues that arise on appeal in other cases

Extent: E+W+S+N.I.

(1) This section applies where—
(a) a decision by the Secretary of State falls to be made under section 11, 12, 16 or 17 ... ; and
(b) an appeal is pending against a decision given in relation to a different matter by the Upper Tribunal or a court.
(2) If the Secretary of State considers it possible that the result of the appeal will be such that, if it were already determined, it would affect the decision in some way—
(a) the Secretary of State need not, except in such cases or circumstances as may be prescribed, make the decision while the appeal is pending;
(b) the Secretary of State may, in such cases or circumstances as may be prescribed, make the decision on such basis as may be prescribed.
(3) Where the Secretary of State acts in accordance with subsection (2)(b), following the determination of the appeal the Secretary of State shall if appropriate revise the decision (under section 16) in accordance with that determination.
(4) For the purposes of this section, 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.
(5) In paragraphs (a), (b) and (c) of subsection (4), any reference to an appeal, or an application for leave to appeal, against a decision includes a reference to—
(a) an application for, or for leave to apply for, judicial review of the decision under section 31 of the Supreme Court Act 1981; or
(b) an application to the supervisory jurisdiction of the Court of Session in respect of the decision.

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Source: https://www.legislation.gov.uk/ukpga/1991/48/section/28ZA (the official version)
Page: https://openlegislation.uk/child-support-act-1991/section-28ZA
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.