DB v Secretary of State for Work and Pensions & Anor

DB v Secretary of State for Work and Pensions & Anor

The First-tier Tribunal did not err in including the variation issue within the scope of the appeals, as the Tribunal's inquisitorial jurisdiction permits consideration of any issue relevant to the maintenance calculation raised by any party, and submissions to the Tribunal can constitute a valid variation application if statutory requirements are met.

Parties
Appellant: DB; 1st Respondent: Secretary of State for Work and Pensions; 2nd Respondent: CE
Jurisdiction
England and Wales
Judgment Date
31 October 2024
Procedural Posture
Appeal / Upper Tribunal Determination on Papers
Outcome
Appeal dismissed
Legal Topics
Child Support, Variation of Maintenance Calculation, Tribunal Jurisdiction
Family Law Social Security Law Child Support Variation of Maintenance Calculation Tribunal Jurisdiction

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 5 Authorities cited 12 Party arguments 2
Sign in to unlock

Parties

DB

Appellant

Secretary of State for Work and Pensions

1st Respondent

CE

2nd Respondent

Procedural Posture

Appeal / Upper Tribunal Determination on Papers

Legal Issues

  1. 1 Whether the First-tier Tribunal had jurisdiction to consider a variation application raised by the respondent during an appeal
  2. 2 Whether the Tribunal could direct the Secretary of State to exercise statutory functions regarding variation applications
  3. 3 Whether submissions made to the Tribunal can constitute a valid variation application under the Child Support Act

Ratio Decidendi

The First-tier Tribunal did not err in including the variation issue within the scope of the appeals, as the Tribunal's inquisitorial jurisdiction permits consideration of any issue relevant to the maintenance calculation raised by any party, and submissions to the Tribunal can constitute a valid variation application if statutory requirements are met.

Court Disposition

Appeal dismissed

Orders

  • Stay on proceedings in the First-tier Tribunal is lifted
  • Appeals may now proceed in the First-tier Tribunal