P.P. v Secretary of State for Work and Pensions

P.P. v Secretary of State for Work and Pensions

The First-tier Tribunal erred in law by setting the diversion of income variation at a penal level without properly considering the just and equitable test, and by incorrectly going behind the HMRC figure for unearned income contrary to regulation 69(3). These errors require the decision to be set aside and remitted for rehearing.

Parties
Appellant: P. P.; 1st Respondent: Secretary of State for Work and Pensions; 2nd Respondent: S. P.
Jurisdiction
England and Wales
Judgment Date
01 November 2022
Procedural Posture
Appeal / Upper Tribunal Appeal From First Tier Tribunal
Outcome
Appeal allowed; First-tier Tribunal decision set aside; case remitted for rehearing.
Legal Topics
Child Maintenance, Variation of Income, Tribunal Procedure, Diversion of Income, Unearned Income, Shared Care, Relevant Other Child
Family Law Social Security Law Child Maintenance Variation of Income Tribunal Procedure Diversion of Income Unearned Income Shared Care +1 more

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Parties

P. P.

Appellant

Secretary of State for Work and Pensions

1st Respondent

S. P.

2nd Respondent

Procedural Posture

Appeal / Upper Tribunal Appeal From First Tier Tribunal

Legal Issues

  1. 1 Whether the First-tier Tribunal erred in law regarding diversion of income variation
  2. 2 Whether the First-tier Tribunal erred in law regarding unearned income variation
  3. 3 Whether procedural unfairness occurred due to non-attendance and non-compliance

Ratio Decidendi

The First-tier Tribunal erred in law by setting the diversion of income variation at a penal level without properly considering the just and equitable test, and by incorrectly going behind the HMRC figure for unearned income contrary to regulation 69(3). These errors require the decision to be set aside and remitted for rehearing.

Court Disposition

Appeal allowed; First-tier Tribunal decision set aside; case remitted for rehearing.

Orders

  • Case remitted to a different First-tier Tribunal for reconsideration at an oral hearing.
  • First-tier Tribunal not bound by previous tribunal's decision; may reach same or different outcome.