A decision on your claim may be affected by a matter of law that is under appeal in another case – this is called a ‘test case’. A decision maker can postpone making a decision in your case until the test case has been decided. Alternatively, they can make the decision in your case as though the test case has been decided in a way that is unfavourable to you. If the test case turns out to be favourable, the decision maker must then go back and revise the decision.1SSA, Ss.25 & 27(2); D&A Regs, reg 21; UCPIP(D&A) Regs, reg 53

When the decision maker decides your case following the test case, your arrears of benefit (if any) can only go back as far as the date the test case was decided.2SSA, S.27(3)