397. Suspension of payments of benefit.

397.     Suspension of payments of benefit.

Where the Secretary of State1 is considering making an application for leave to appeal against the decision of an appropriate tribunal under the post-2005 scheme2, he may direct that payment of benefit in accordance with that decision be suspended, in whole or in part3. Such a direction that payment of benefit is to be suspended must be in writing and given or sent to the claimant4 within the relevant period5. Where such a direction has been given and an application for leave to appeal is made, the suspension may continue where: