Chandler v Secretary of State for Work and Pensions & Anor [2007] EWCA Civ 1211 (29 November 2007)

Chandler v Secretary of State for Work and Pensions & Anor [2007] EWCA Civ 1211 (29 November 2007)

Regular payments to an absent parent that are merely repayments of capital are not 'income' and do not fall within para. 15 of Schedule 1 of the Child Support (Maintenance Assessments and Special Cases) Regulations 1992. The legislative scheme draws a clear distinction between capital and income, and para. 15 is a sweep-up provision for other forms of income, not capital.

Citation
[2007] EWCA Civ 1211
Parties
Appellant: Chandler; First Respondent: Secretary of State for Work and Pensions; Second Respondent: Mandy Bishop
Jurisdiction
England and Wales
Judgment Date
29 November 2007
Procedural Posture
Appeal From Child Support Commissioner / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Child Support, Maintenance Assessment, Distinction Between Capital and Income, Interpretation of Regulations
Family Law Social Security Law Child Support Maintenance Assessment Distinction Between Capital and Income Interpretation of Regulations

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Parties

Chandler

Appellant

Secretary of State for Work and Pensions

First Respondent

Mandy Bishop

Second Respondent

Procedural Posture

Appeal From Child Support Commissioner / Court of Appeal Judgment

Legal Issues

  1. 1 Whether regular payments to an absent parent, derived from capital, should be treated as income for child maintenance calculations under para. 15 of Schedule 1 of the Child Support (Maintenance Assessments and Special Cases) Regulations 1992.

Ratio Decidendi

Regular payments to an absent parent that are merely repayments of capital are not 'income' and do not fall within para. 15 of Schedule 1 of the Child Support (Maintenance Assessments and Special Cases) Regulations 1992. The legislative scheme draws a clear distinction between capital and income, and para. 15 is a sweep-up provision for other forms of income, not capital.

Court Disposition

Appeal allowed

Orders

  • Matter remitted for a fresh determination.