YRC v Secretary of State for Work and Pensions & Anor

YRC v Secretary of State for Work and Pensions & Anor

The FtT erred in law by relying exclusively on the number of nights spent in each household to determine day-to-day care under Regulation 50, improperly importing considerations from Regulations 46 and 47, and considering a later court order not in effect at the relevant time. The appeal is allowed and the case remitted for a fresh hearing.

Parties
Appellant: YRC; First Respondent: Secretary of State for Work and Pensions; Second Respondent: MJ
Jurisdiction
England and Wales
Judgment Date
18 December 2024
Procedural Posture
Appeal / Upper Tribunal Decision on Appeal From First Tier Tribunal
Outcome
Appeal allowed; First-tier Tribunal decision set aside; case remitted for rehearing by a new tribunal.
Legal Topics
Child Support, Tribunal Procedure, Shared Care Arrangements, Extension of Time
Family Law Social Security Law Child Support Tribunal Procedure Shared Care Arrangements Extension of Time

Case Brief

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Parties

YRC

Appellant

Secretary of State for Work and Pensions

First Respondent

MJ

Second Respondent

Procedural Posture

Appeal / Upper Tribunal Decision on Appeal From First Tier Tribunal

Legal Issues

  1. 1 Whether the First-tier Tribunal erred in law by applying a 'nights spent' test under Regulation 50 for child support calculation
  2. 2 Whether the FtT wrongly applied Regulations 46 and 47 to determine non-resident parent status
  3. 3 Whether the FtT improperly considered a later family court order in its decision

Ratio Decidendi

The FtT erred in law by relying exclusively on the number of nights spent in each household to determine day-to-day care under Regulation 50, improperly importing considerations from Regulations 46 and 47, and considering a later court order not in effect at the relevant time. The appeal is allowed and the case remitted for a fresh hearing.

Court Disposition

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

Orders

  • Case remitted to First-tier Tribunal for reconsideration at oral hearing.
  • Must be heard by a newly constituted tribunal.