PP v Secretary of State for Work and Pensions and SP (CSM)

JurisdictionUK Non-devolved
JudgeJudge Wikeley
Neutral Citation[2022] UKUT 286 (AAC)
Subject MatterChild support - variation/departure directions: diversion of income,Child support - variation/departure directions: other,Tribunal procedure,practice - fair hearing,Wikeley,N
CourtUpper Tribunal (Administrative Appeals Chamber)
Published date09 November 2022
PP v SSWP and SP (CSM)
[2022] UKUT 286 (AAC)
1
IN THE UPPER TRIBUNAL Appeal No. UA-2020-000421-CCS
ADMINISTRATIVE APPEALS CHAMBER
On appeal from the First-tier Tribunal (Social Entitlement Chamber)
Between: P.P. Appellant
- v -
Secretary of State for Work and Pensions 1st Respondent
and
S.P. 2nd Respondent
Before: Upper Tribunal Judge Wikeley
Hearing date: 26 July 2022
Decision date: 1 November 2022
Representation:
Appellant: Mr Jody Atkinson of Counsel, instructed by Stowe Family Law
1st Respondent: Miss Harriet Wakeman of Counsel, instructed by the
Government Legal Department
2nd Respondent: In person
DECISION
The decision of the Upper Tribunal is to allow the appeal. The decision of the
First-tier Tribunal made on 23 September 2019 under number SC904/16/00100 was
made in error of law. Under section 12(2)(a) and (b)(i) of the Tribunals, Courts and
Enforcement Act 2007, I set that decision aside and remit the case to be
reconsidered by the First-tier Tribunal in accordance with the following directions.
PP v SSWP and SP (CSM)
[2022] UKUT 286 (AAC)
Case no: UA-2020-000471-CCS
2
DIRECTIONS
1. This case is remitted to a different First-tier Tribunal for
reconsideration at an oral hearing.
2. The First-tier Tribunal is not bound in any way by the decision of
the previous tribunal. Depending on the findings of fact it makes,
the new tribunal may reach the same or a different outcome to the
previous tribunal.
These Directions may be supplemented by later directions by a Tribunal
Caseworker, Tribunal Registrar or Judge in the Social Entitlement
Chamber of the First-tier Tribunal.

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