25(1)  This section applies where–

(a)a decision by the Secretary of State falls to be made under section 8, 9 or 10 above in relation to a particular case; and

(b)an appeal is pending against the decision given in another case by the Upper Tribunal or a court (whether or not the two cases concern the same benefit).

25(2)  In a case relating to a relevant benefit, the Secretary of State need not make the decision while the appeal is pending if he considers it possible that the result of the appeal will be such that, if it were already determined, there would be no entitlement to benefit.

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