Upper Tribunal Administrative Appeals Chamber

[2023] UKUT 175 (AAC)

Fecha: 05-Oct-2020

The decision of the Upper Tribunal is to allow the appeal. The decision of the First-tier Tribunal made on 5 October 2020 was made in error of law. Under section 12(2)(a) and (b)(ii) of the Tribunals

The decision of the Upper Tribunal is to allow the appeal. The decision of the First-tier Tribunal made on 5 October 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 father’s liability for child support maintenance from 9 September 2017 in respect of his daughter is to be calculated on the basis that his gross income was £66,319.62.

REASONS FOR DECISION

This is an appeal, brought with permission given by Deputy Upper Tribunal Judge Robinson, against a consent order made by the First-tier Tribunal on 5 October 2020 to the effect that the liability of the relevant child’s father (who was then the second respondent but is the Appellant before me) for child support maintenance from 9 September 2017 in respect of his daughter was to be calculated on the basis that his gross income for the tax year 2016/17 was £81,725. The Secretary of State supports the appeal, but the Second Respondent mother opposes it, although she does so in restrained terms and acknowledges that she is not able to make technical submissions on points of law. None of the parties has asked for an oral hearing and I am satisfied that I can properly determine the appeal without such a hearing.