DL v Secretary of State for Work and Pensions & Anor

DL v Secretary of State for Work and Pensions & Anor

No valid supersession decision or maintenance calculation was made or notified in accordance with Regulation 25; therefore, there was no appealable decision and the First Tier Tribunal lacked jurisdiction.

Parties
Appellant: DL; First Respondent: Secretary of State for Work and Pensions; Second Respondent: WL
Jurisdiction
England and Wales
Judgment Date
25 March 2025
Procedural Posture
Appeal / Upper Tribunal Decision
Outcome
appeal allowed, First Tier Tribunal decision set aside, appeal struck out
Legal Topics
Child Support, Jurisdiction, Notification Requirements, Supersession Decisions
Family Law Administrative Law Child Support Jurisdiction Notification Requirements Supersession Decisions

Case Brief

Summary, issues, holding and outcome

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Parties

DL

Appellant

Secretary of State for Work and Pensions

First Respondent

WL

Second Respondent

Procedural Posture

Appeal / Upper Tribunal Decision

Legal Issues

  1. 1 Whether a valid supersession decision was made under s17 of the Child Support Act 1991
  2. 2 Whether notification requirements under Regulation 25 of the Child Support Maintenance Calculation Regulations 2012 were met
  3. 3 Whether procedural deficiencies render the decision invalid or merely defective

Ratio Decidendi

No valid supersession decision or maintenance calculation was made or notified in accordance with Regulation 25; therefore, there was no appealable decision and the First Tier Tribunal lacked jurisdiction.

Court Disposition

appeal allowed, First Tier Tribunal decision set aside, appeal struck out

Orders

  • First Tier Tribunal decision set aside
  • Appeal struck out