MC v Secretary of State for Work and Pensions and TM (CSM)
| Jurisdiction | UK Non-devolved |
| Judge | Judge Wikeley |
| Neutral Citation | [2020] UKUT 157 (AAC) |
| Court | Upper Tribunal (Administrative Appeals Chamber) |
| Subject Matter | Child support,Tribunal procedure,practice,Child support - calculation of income,Child support - variation/departure directions: diversion of income,practice - evidence,Wikeley,N |
| Date | 12 May 2020 |
| Published date | 09 June 2020 |
MC v SSWP and TM (CSM) [2020] UKUT 157 (AAC)
CCS/1139/2019
1
DECISION OF THE UPPER TRIBUNAL
(ADMINISTRATIVE APPEALS CHAMBER)
The DECISION of the Upper Tribunal is to allow the appeal by the appellant
(“the father”).
The decision of the Leeds First-tier Tribunal dated 8 January 2019 under file
reference SC007/17/02524 involves an error on a point of law. The Tribunal’s
decision is therefore set aside.
The Upper Tribunal is not able to re-make the decision on the original appeal
by the father against the decision of the Secretary of State dated 5 July 2017. It
therefore follows that the original appeal against the Secretary of State’s
decision is remitted to be re-heard by a different First-tier Tribunal, subject to
the Directions below.
This decision is given under section 12(2)(a) and 12(2)(b)(i) of the Tribunals, Courts
and Enforcement Act 2007.
DIRECTIONS
The following directions apply to the re-hearing:
(1) The re-hearing should be at an oral hearing (which may be a “virtual
hearing”, e.g. by telephone or Skype)
(2) The new tribunal should not involve the tribunal judge or financially
qualified panel member who sat on the last tribunal on 8 January
2019.
(3) If either parent has any further written evidence to put before the
tribunal, this should be sent to the regional office of HM Courts and
Tribunals Service in Leeds within one month of the issue of this
decision.
(4) The Secretary of State should be represented at the new hearing by a
presenting officer.
(5) The new tribunal must consider all the evidence afresh and is not
bound in any way by the decision of the previous tribunal.
These directions may be supplemented as appropriate by later
directions by a Tribunal Case Worker, Tribunal Registrar or Tribunal
Judge in the First-tier Tribunal (Social Entitlement Chamber).
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