BK v Secretary of State for Work and Pensions & Anor

BK v Secretary of State for Work and Pensions & Anor

The First-tier Tribunal erred in law by failing to adjourn and require the Secretary of State to obtain a new HMRC figure when there was cogent evidence that the original figure was incorrect. The correct gross weekly income for the Appellant, based on the updated HMRC figure for 2018/19, is £878.11, and liability for child support maintenance from 29 January 2020 must be calculated on that basis.

Parties
Appellant: BK; First Respondent: Secretary of State for Work and Pensions; Second Respondent: LB
Jurisdiction
England and Wales
Judgment Date
27 October 2022
Procedural Posture
Appeal / Upper Tribunal Determination on Appeal From First Tier Tribunal
Outcome
Appeal allowed; First-tier Tribunal decision set aside and remade
Legal Topics
Child Support Maintenance Calculation, Historic Income Assessment, Tribunal Procedure, Revision and Supersession of Decisions
Social Security Law Child Support Child Support Maintenance Calculation Historic Income Assessment Tribunal Procedure Revision and Supersession of Decisions

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Parties

BK

Appellant

Secretary of State for Work and Pensions

First Respondent

LB

Second Respondent

Procedural Posture

Appeal / Upper Tribunal Determination on Appeal From First Tier Tribunal

Legal Issues

  1. 1 Whether the First-tier Tribunal erred in law by failing to adjourn and require a new HMRC figure for historic income
  2. 2 Whether the correct gross weekly income for child support maintenance was used

Ratio Decidendi

The First-tier Tribunal erred in law by failing to adjourn and require the Secretary of State to obtain a new HMRC figure when there was cogent evidence that the original figure was incorrect. The correct gross weekly income for the Appellant, based on the updated HMRC figure for 2018/19, is £878.11, and liability for child support maintenance from 29 January 2020 must be calculated on that basis.

Court Disposition

Appeal allowed; First-tier Tribunal decision set aside and remade

Orders

  • The Appellant’s liability for child support maintenance from 29 January 2020 is to be calculated on the basis that his gross weekly income, based on his historic income in 2018-19, was £878.11.
  • If there is any dispute over the calculation, it should be referred back to the Upper Tribunal.