Regulation 8 Revision of decisions against which there has been an appeal

(1)

In the circumstances prescribed by paragraph (2), any of the following decisions may be revised by the Board at any time—

(a)

a decision under section 8 or 10;

(b)

a decision under Article 9 or 11.

(2)

The circumstances prescribed by this paragraph are circumstances where there is an appeal to an appeal tribunal against the decision within the time prescribed by regulation 28, or in a case to which regulation 29 applies within the time prescribed by that regulation, but the appeal has not been determined.

(3)

If—

(a)

the Board make one of the following decisions (“the original decision”)—

(i)

a decision under section 8 or 10 or one under section 9(1) revising such a decision; or

(ii)

a decision under Article 9 or 11 or one under Article 10(1) revising such a decision;

(b)

the claimant appeals to an appeal tribunal against the original decision;

(c)

after the appeal has been made, but before it results in a decision by the appeal tribunal, the Board make a second decision which—

(i)

supersedes the original decision in accordance with section 10 or Article 11; or

(ii)

decides a further claim for child benefit or guardian’s allowance by the claimant; and

(d)

the Board would have made their second decision differently if, at the time they made it, they had been aware of the decision subsequently made by the appeal tribunal,

the second decision may be revised by the Board at any time.