Regulation 22 Decisions involving issues that arise on appeal in other cases

(1)

A case which satisfies the condition specified in paragraph (2) is a prescribed case for the purposes of section 25(3)(b) and Article 25(3)(b) (prescribed cases and circumstances in which a decision may be made on a prescribed basis).

(2)

The condition specified in this paragraph is that the claimant would be entitled to the benefit or allowance to which the decision which falls to be made relates, even if the appeal in the other case referred to in section 25(1)(b) or Article 25(1)(b) were decided in a way which is the most unfavourable to him.

(3)

For the purposes of subsection (3)(b) of section 25 and paragraph (3)(b) of Article 25, the prescribed basis on which the Board may make the decision is as if—

(a)

the appeal in the other case which is referred to in subsection (1)(b) of that section, or paragraph (1)(b) of that Article, had already been determined; and

(b)

that appeal had been decided in a way which is the most unfavourable to the claimant.

(4)

For the purposes of subsection (5)(c) of section 25 and paragraph (5)(c) of Article 25 (prescribed circumstances in which, for the purposes of the section or the Article, an appeal is pending against a decision), the prescribed circumstances are circumstances where the Board—

(a)

certify in writing that they are considering appealing against that decision; and

(b)

consider that, if such an appeal were to be determined in a particular way—

(i)

there would be no entitlement to the benefit or allowance in a case to which subsection (1)(a) of that section, or paragraph (1)(a) of that Article, refers; or

(ii)

the appeal would affect the decision in that case in some other way.