AE v The Secretary of State for Work and Pensions & Anor

AE v The Secretary of State for Work and Pensions & Anor

The First-tier Tribunal erred in law by misinterpreting regulation 69A, wrongly concluding that only full enforcement of the asset was permitted for variation. Regulation 69A allows for partial enforcement if reasonable, subject to the just and equitable test, which must consider associated liabilities. The case is remitted for further fact finding and reconsideration.

Parties
Appellant: AE; First Respondent: The Secretary of State for Work and Pensions; Second Respondent: PE
Jurisdiction
England and Wales
Judgment Date
07 February 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 by new panel.
Legal Topics
Child Maintenance Calculation, Variation of Maintenance Assessment, Assets Exceeding Prescribed Value, Director's Loan as Asset, Just and Equitable Test
Family Law Child Support Child Maintenance Calculation Variation of Maintenance Assessment Assets Exceeding Prescribed Value Director's Loan as Asset Just and Equitable Test

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

AE

Appellant

The Secretary of State for Work and Pensions

First Respondent

PE

Second Respondent

Procedural Posture

Appeal / Upper Tribunal Decision on Appeal From First Tier Tribunal

Legal Issues

  1. 1 Whether the First-tier Tribunal misunderstood regulation 69A regarding variations for assets exceeding prescribed value
  2. 2 Proper characterisation of director's loan under regulation 69A
  3. 3 Whether partial enforcement of asset is permitted under regulation 69A

Ratio Decidendi

The First-tier Tribunal erred in law by misinterpreting regulation 69A, wrongly concluding that only full enforcement of the asset was permitted for variation. Regulation 69A allows for partial enforcement if reasonable, subject to the just and equitable test, which must consider associated liabilities. The case is remitted for further fact finding and reconsideration.

Court Disposition

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

Orders

  • First-tier Tribunal decision set aside under section 12(2)(a) Tribunals, Courts and Enforcement Act 2007.
  • Case remitted for rehearing by new panel of First-tier Tribunal.