DT v Secretary of State for Work and Pensions & Anor (CSM)

DT v Secretary of State for Work and Pensions & Anor (CSM)

The First-tier Tribunal erred in law by making a consent order based on the father's 2016/17 income without proper consideration of the statutory requirements for historic income and without adequate explanation or justification. The correct calculation should have been based on the 2015/16 HMRC figure of £66,319.62, as this was the last available HMRC figure at the relevant date. The consent order was set aside and the decision was remade accordingly.

Parties
Appellant: DT; First Respondent: Secretary of State for Work and Pensions; Second Respondent: HR
Jurisdiction
England and Wales
Judgment Date
17 July 2023
Procedural Posture
Appeal / Upper Tribunal Determination on Appeal From First Tier Tribunal
Outcome
Appeal allowed
Legal Topics
Child Support Maintenance, Consent Orders, Calculation of Income, Tribunal Procedure
Family Law Social Security Law Child Support Maintenance Consent Orders Calculation of Income Tribunal Procedure

Case Brief

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Parties

DT

Appellant

Secretary of State for Work and Pensions

First Respondent

HR

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 making a consent order inconsistent with statutory calculation requirements for child support maintenance
  2. 2 Whether the correct tax year and income figure were used for the calculation of child support liability
  3. 3 Whether the father's redundancy payment should be included in the income calculation

Ratio Decidendi

The First-tier Tribunal erred in law by making a consent order based on the father's 2016/17 income without proper consideration of the statutory requirements for historic income and without adequate explanation or justification. The correct calculation should have been based on the 2015/16 HMRC figure of £66,319.62, as this was the last available HMRC figure at the relevant date. The consent order was set aside and the decision was remade accordingly.

Court Disposition

Appeal allowed

Orders

  • The decision of the First-tier Tribunal made on 5 October 2020 is set aside.
  • The father's liability for child support maintenance from 9 September 2017 is to be calculated on the basis that his gross income was £66,319.62.