KB v Secretary of State for Work and Pensions & Anor

KB v Secretary of State for Work and Pensions & Anor

The First-tier Tribunal erred in law by failing to properly consider the overlap and hierarchy between Regulation 69 and Regulation 69A, resulting in double-counting of assets/income and not exercising discretion as required by justice and equity.

Parties
Appellant: KB; 1st Respondent: Secretary of State for Work and Pensions; 2nd Respondent: RK
Jurisdiction
England and Wales
Judgment Date
26 October 2022
Procedural Posture
Appeal / Upper Tribunal Decision on Appeal From First Tier Tribunal
Outcome
Appeal allowed; First-tier Tribunal decision set aside and case remitted for rehearing by a fresh tribunal.
Legal Topics
Child Support, Variation of Maintenance, Statutory Interpretation, Procedural Hierarchy
Family Law Social Security Law Child Support Variation of Maintenance Statutory Interpretation Procedural Hierarchy

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Parties

KB

Appellant

Secretary of State for Work and Pensions

1st Respondent

RK

2nd Respondent

Procedural Posture

Appeal / Upper Tribunal Decision on Appeal From First Tier Tribunal

Legal Issues

  1. 1 Whether there is a hierarchy between Regulation 69 and Regulation 69A of the Child Support Maintenance Calculation Regulations 2012
  2. 2 Whether double-counting of assets/income occurred in the First-tier Tribunal decision
  3. 3 Whether the First-tier Tribunal properly exercised discretion regarding overlap between variation grounds

Ratio Decidendi

The First-tier Tribunal erred in law by failing to properly consider the overlap and hierarchy between Regulation 69 and Regulation 69A, resulting in double-counting of assets/income and not exercising discretion as required by justice and equity.

Court Disposition

Appeal allowed; First-tier Tribunal decision set aside and case remitted for rehearing by a fresh tribunal.

Orders

  • First-tier Tribunal decision dated 30 July 2021 set aside under section 12(2)(a) and (b)(i) of the Tribunals, Courts and Enforcement Act 2007.
  • Case remitted to be reconsidered by a fresh tribunal in accordance with directions to be made by a District Tribunal Judge of the First-tier Tribunal.