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The Upper Tribunal allowed an appeal in a child support maintenance case, finding the First-tier Tribunal erred in law by not considering a later effective date.
The Defendant's decision was materially flawed by failing to consider supersession of the decision of 13 November 2019 during the period prior to the first Tribunal decision, and by not treating certain representations as applications for supersession. The failure to determine supersession in May/June 2020 caused loss, and the reimbursement decision should have accounted for the causative impact of erroneous confirmation of evidence receipt. The judicial review succeeds and reimbursement must be reconsidered.
Source excerpt
Band, R. (On the Application Of) v The Secretary of State for Work And Pensions [2025] EWHC 3108 (Admin) (25 November 2025)
Judicial review of a child support reimbursement decision. The High Court held the CMS failed to consider supersession properly, but relief was refused under s31(2A).
The Upper Tribunal held that a late revision request on official error grounds can trigger a right of appeal, and that the First-tier Tribunal hears the case de novo.
The Court of Appeal refused permission to appeal where the applicant’s new evidence had been partly dealt with through supersession and no issue of law remained.
The Court of Appeal refused permission to appeal in a social security case, holding the judicial review challenge was out of time and that no error of law was shown.
Farrington, R (on the application of) v Secretary of State for Work and Pensions [2004] EWCA Civ 435 (02 April 2004)
The Court of Appeal refused permission to appeal and dismissed the applications, holding the judicial review challenge was out of time and that there was no error of law below.
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