ABH v Secretary of State for Work and Pensions & Anor

ABH v Secretary of State for Work and Pensions & Anor

The First-tier Tribunal erred in law by failing to identify and consider the Secretary of State's decision of or about 3 March 2022, imposing child support maintenance liability with effect from 28 January 2019, as the decision under appeal. There was no evidence that regulation 14A applied to bar the appeal. The error was material and required the decision to be set aside and remitted for reconsideration.

Parties
Appellant: ABH; First Respondent: Secretary of State for Work and Pensions; Second Respondent: DCC
Jurisdiction
England and Wales
Judgment Date
12 May 2025
Procedural Posture
Appeal / Upper Tribunal Decision on Appeal From First Tier Tribunal
Outcome
Appeal allowed; First-tier Tribunal decision set aside; case remitted for rehearing.
Legal Topics
Child Support, Tribunal Procedure, Jurisdiction, Mandatory Reconsideration
Social Security Law Family Law Child Support Tribunal Procedure Jurisdiction Mandatory Reconsideration

Case Brief

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Parties

ABH

Appellant

Secretary of State for Work and Pensions

First Respondent

DCC

Second Respondent

Procedural Posture

Appeal / Upper Tribunal Decision on Appeal From First Tier Tribunal

Legal Issues

  1. 1 Whether the First-tier Tribunal misidentified the decision under appeal
  2. 2 Whether regulation 14A Child Support Maintenance Calculation Regulations 2012 applied to the appeal
  3. 3 Whether the First-tier Tribunal erred in law by failing to consider the correct decision and period

Ratio Decidendi

The First-tier Tribunal erred in law by failing to identify and consider the Secretary of State's decision of or about 3 March 2022, imposing child support maintenance liability with effect from 28 January 2019, as the decision under appeal. There was no evidence that regulation 14A applied to bar the appeal. The error was material and required the decision to be set aside and remitted for reconsideration.

Court Disposition

Appeal allowed; First-tier Tribunal decision set aside; case remitted for rehearing.

Orders

  • The case is remitted to the First-tier Tribunal for reconsideration at an oral hearing.
  • The rehearing shall not involve the judge who decided the appeal on 14 September 2023.