[2025] UKUT 027 (AAC)

UA-2024-000604-CSM

Between:

DB

Appellant

- v -

SECRETARY OF STATE FOR WORK AND PENSIONS

First Respondent

SB

Second Respondent

Before: Upper Tribunal Judge Church

Decided on consideration of the papers

Representation:

Appellant: Not represented

First Respondent: Ms Holly Taylor of the Decision Making and Appeals section of the Department for Work and Pensions

Second Respondent: Not represented

On appeal from:

Tribunal: The First-tier Tribunal (Social Entitlement Chamber)

Tribunal Case Nos: SC228/20/00326 and SC337/23/00628

Tribunal Venue: Newcastle

Decision Date: 17 October 2023

SUMMARY OF DECISION

CHILD SUPPORT (5) (5.19 Other)

Judicial summary

This decision is about whether the Appellant father has ‘day to day’ care of his children to a lesser extent than their mother does for the purposes of assessing his liability to pay child support.

The Upper Tribunal gives guidance to the First-tier Tribunal about:

a. the legal test the tribunal must apply to decide whether one parent provides “day to day care” in respect of a child to a lesser extent than another parent,

b. fact finding, and

c. what a tribunal needs to say in its reasons for them to be adequate in appeals like this one.

Please note the Summary of Decision is included for the convenience of readers. It does not form part of the decision. The Decision and Reasons of the judge follow.

DECISION