BK v Secretary of State for Work and Pensions (CSM)
| Jurisdiction | UK Non-devolved |
| Judge | Judge Rowland |
| Neutral Citation | [2022] UKUT 283 (AAC) |
| Subject Matter | Child support - calculation of income,Child support - tribunal practice,Rowland,M |
| Court | Upper Tribunal (Administrative Appeals Chamber) |
| Published date | 22 November 2022 |
BK v Secretary of State for Work and Pensions (CSM)
[2022] UKUT 283 (AAC)
Case no: UA-2021-001493-CSM 1
IN THE UPPER TRIBUNAL
ADMINISTRATIVE APPEALS CHAMBER
Appeal No: UA-2021-001493-CSM
(formerly CCS/906/2021)
On appeal from the First-tier Tribunal (Social Entitlement Chamber)
Between: BK Appellant
– v –
Secretary of State for Work and Pensions First Respondent
– and –
LB Second Respondent
Before: Deputy Upper Tribunal Judge Rowland
Decided on 27 October 2022 on consideration of the papers
DECISION
The decision of the Upper Tribunal is to allow the appeal. The decision of the First-
tier Tribunal made on 12 November 2020 was made in error of law. Under section
12(2)(a) and (b)(ii) of the Tribunals, Courts and Enforcement Act 2007, I set that
decision aside and remake it as follows:
The Appellant’s liability for child support maintenance from 29 January 2020 is to
be calculated on the basis that his gross weekly income, based on his historic
income in 2018-19, was £878.11. If there is any dispute over the calculation, it
should be referred back to the Upper Tribunal.
REASONS FOR DECISION
1. This is an appeal, brought with permission given by Upper Tribunal Judge Wright,
from a decision of the First-tier Tribunal given as long ago as 12 November 2020. None
of the parties has asked for a hearing and, as the case turns solely on a short point of
law, I am satisfied that I can properly decide the appeal without a hearing. The
Secretary of State supports the appeal, albeit on different grounds and originally
suggesting a different disposal. The Second Respondent has not opposed the appeal
but has not given her consent to a decision being given without reasons. Both for that
reason and also because I do not entirely accept either of the other parties’ arguments,
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