JP v Secretary of State for Work and Pensions & Anor

JP v Secretary of State for Work and Pensions & Anor

The error of law by the First-tier Tribunal in relation to the Crows Nest variation was not material because, even without the variation, the Appellant's gross weekly income exceeded the capped amount of £3,000 per week, and thus the child support maintenance payable was unaffected.

Parties
Appellant: JP; First Respondent: Secretary of State for Work and Pensions; Second Respondent: LH
Jurisdiction
England and Wales
Judgment Date
30 May 2025
Procedural Posture
Child Support Variation Appeal / Upper Tribunal Appeal From First Tier Tribunal
Outcome
Appeal dismissed; First-tier Tribunal decision upheld
Legal Topics
Child Support Maintenance, Variation of Maintenance Calculation, Jurisdiction of Tribunal, Material Error of Law
Family Law Social Security Law Child Support Maintenance Variation of Maintenance Calculation Jurisdiction of Tribunal Material Error of Law

Case Brief

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Parties

JP

Appellant

Secretary of State for Work and Pensions

First Respondent

LH

Second Respondent

Procedural Posture

Child Support Variation Appeal / Upper Tribunal Appeal From First Tier Tribunal

Legal Issues

  1. 1 Whether the First-tier Tribunal erred in law in relation to the Crows Nest variation under regulation 69A
  2. 2 Whether any such error was material given the capped income amount
  3. 3 Whether new grounds of appeal or evidence should be admitted

Ratio Decidendi

The error of law by the First-tier Tribunal in relation to the Crows Nest variation was not material because, even without the variation, the Appellant's gross weekly income exceeded the capped amount of £3,000 per week, and thus the child support maintenance payable was unaffected.

Court Disposition

Appeal dismissed; First-tier Tribunal decision upheld

Orders

  • The decision of the First-tier Tribunal is not set aside under section 12(2)(a) of the Tribunals, Courts and Enforcement Act 2007.
  • Applications by the Appellant for set-aside and to introduce new grounds of appeal are refused.