EVH v SSWP & Anor

EVH v SSWP & Anor

The First-tier Tribunal erred in law by applying regulation 76(2) of the Child Support Maintenance Calculation Regulations 2012 to a period before it was in force, which was a material error requiring the decision to be set aside and the case remitted for rehearing.

Parties
Appellant: EVH; Second Respondent: DH; Respondent: SSWP
Jurisdiction
England and Wales
Judgment Date
25 February 2025
Procedural Posture
Appeal From First Tier Tribunal (social Security and Child Support) / Upper Tribunal Decision on Error of Law and Remittal
Outcome
Decision of the First-tier Tribunal set aside; case remitted for rehearing before a differently constituted First-tier Tribunal.
Legal Topics
Child Maintenance Calculation, Qualifying Child Definition, Retrospective Application of Regulations, Remunerative Work Assessment
Social Security Law Child Support Child Maintenance Calculation Qualifying Child Definition Retrospective Application of Regulations Remunerative Work Assessment

Case Brief

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Parties

EVH

Appellant

DH

Second Respondent

SSWP

Respondent

Procedural Posture

Appeal From First Tier Tribunal (social Security and Child Support) / Upper Tribunal Decision on Error of Law and Remittal

Legal Issues

  1. 1 Whether the First-tier Tribunal erred in law by applying regulation 76(2) of the Child Support Maintenance Calculation Regulations 2012 to a period before it was in force
  2. 2 Whether hours worked can be averaged over a period or must be assessed week by week under regulation 76(2)(a)

Ratio Decidendi

The First-tier Tribunal erred in law by applying regulation 76(2) of the Child Support Maintenance Calculation Regulations 2012 to a period before it was in force, which was a material error requiring the decision to be set aside and the case remitted for rehearing.

Court Disposition

Decision of the First-tier Tribunal set aside; case remitted for rehearing before a differently constituted First-tier Tribunal.

Orders

  • Appeal against the Secretary of State’s decision of 25th September 2021 remitted to the First-tier Tribunal for re-determination.
  • The new Tribunal panel must not include any member of the previous panel.