Hakki v Secretary of State for Work And Pensions & Anor

Hakki v Secretary of State for Work And Pensions & Anor

On the facts found, Mr Hakki did not have sufficient organisation in his poker playing to constitute a trade, profession, or vocation; therefore, his winnings are not earnings from gainful employment and cannot be assessed for child support maintenance under the MASC Regulations.

Parties
Appellant: Hakki Hakki; First Respondent: Secretary of State for Work and Pensions; Second Respondent: Mrs Devrise Blair
Jurisdiction
England and Wales
Judgment Date
25 April 2014
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Child Support, Definition of Earnings, Self Employment, Taxation of Gambling Winnings
Family Law Social Security Law Tax Law Child Support Definition of Earnings Self Employment Taxation of Gambling Winnings

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Parties

Hakki Hakki

Appellant

Secretary of State for Work and Pensions

First Respondent

Mrs Devrise Blair

Second Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether professional poker winnings constitute 'earnings' from gainful employment for child support purposes
  2. 2 Whether the appellant is a self-employed earner under the relevant statutes

Ratio Decidendi

On the facts found, Mr Hakki did not have sufficient organisation in his poker playing to constitute a trade, profession, or vocation; therefore, his winnings are not earnings from gainful employment and cannot be assessed for child support maintenance under the MASC Regulations.

Court Disposition

Appeal allowed

Orders

  • First Tier Tribunal's assessment of Mr Hakki's child support liability set aside