LF v Secretary of State for Work and Pensions & Anor (CSM)

LF v Secretary of State for Work and Pensions & Anor (CSM)

The First-tier Tribunal made material errors of law by issuing conflicting decisions and revising a decision preceding the official error. The correct approach is to revise the refusal to supersede made on 30 March 2017 for official error, resulting in increased child maintenance liability from that date. Decisions by CMS were not nullities; procedural failures did not invalidate them.

Parties
Appellant: LF; First Respondent: Secretary of State for Work and Pensions; Second Respondent: LF
Jurisdiction
England and Wales
Judgment Date
03 May 2024
Procedural Posture
Appeal / Upper Tribunal Decision Remaking First Tier Tribunal Ruling
Outcome
Appeal allowed; First-tier Tribunal decision set aside and remade.
Legal Topics
Child Maintenance Calculation, Revision for Official Error, Supersession, Effective Date, Nullity in Administrative Law
Social Security Child Maintenance Child Maintenance Calculation Revision for Official Error Supersession Effective Date Nullity in Administrative Law

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Parties

LF

Appellant

Secretary of State for Work and Pensions

First Respondent

LF

Second Respondent

Procedural Posture

Appeal / Upper Tribunal Decision Remaking First Tier Tribunal Ruling

Legal Issues

  1. 1 Whether the First-tier Tribunal made material errors of law
  2. 2 Whether decisions by CMS were nullities
  3. 3 Whether revision for official error can apply to decisions preceding the error

Ratio Decidendi

The First-tier Tribunal made material errors of law by issuing conflicting decisions and revising a decision preceding the official error. The correct approach is to revise the refusal to supersede made on 30 March 2017 for official error, resulting in increased child maintenance liability from that date. Decisions by CMS were not nullities; procedural failures did not invalidate them.

Court Disposition

Appeal allowed; First-tier Tribunal decision set aside and remade.

Orders

  • The Appellant is liable to pay child maintenance at the rate of £137.03 from 30 March 2017 to 17 January 2018 inclusive.
  • Subsequent CMS decisions after 18 January 2018 are unaffected.