DW v Secretary of State for Work and Pensions & Anor

DW v Secretary of State for Work and Pensions & Anor

The First-tier Tribunal correctly directed itself on the law, made findings of fact supported by evidence, and did not err in its assessment of day to day care or in considering motive; the appeal is dismissed as no material error of law was found.

Parties
Appellant: DW; First Respondent: Secretary of State for Work and Pensions; Second Respondent: JH
Jurisdiction
England and Wales
Judgment Date
16 January 2023
Procedural Posture
Appeal / Upper Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Child Support, Shared Care, Non Resident Parent, Day to Day Care, Bias, Natural Justice
Family Law Social Security Law Child Support Shared Care Non Resident Parent Day to Day Care Bias Natural Justice

Case Brief

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Parties

DW

Appellant

Secretary of State for Work and Pensions

First Respondent

JH

Second Respondent

Procedural Posture

Appeal / Upper Tribunal Decision

Legal Issues

  1. 1 Whether the First-tier Tribunal erred in law in its assessment of day to day care under regulation 50 of the Child Support Maintenance Calculation Regulations 2012
  2. 2 Whether the tribunal improperly considered motive and bias
  3. 3 Whether shared care equates to equal day to day care

Ratio Decidendi

The First-tier Tribunal correctly directed itself on the law, made findings of fact supported by evidence, and did not err in its assessment of day to day care or in considering motive; the appeal is dismissed as no material error of law was found.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.