The decision of the Upper Tribunal is to dismiss the appeal
The decision of the Upper Tribunal is to dismiss the appeal.
REASONS FOR DECISION
This appeal concerns a decision by the First-tier Tribunal to uphold a decision of the Secretary of State for Work and Pensions (through the Child Maintenance Service (CMS)) to make a special expenses variation to a child support calculation.
The Appellant, LM, is the mother of the qualifying child and she is the parent with care. NM is the father and non-resident parent.
LM requested an oral hearing of the appeal. The CMS and NM have stated that they agree to the appeal being decided without a hearing, but LM has not. I am satisfied that I can decide the appeal fairly without a hearing. I have all the relevant documents. LM has stated that information provided by her has been disregarded. Failure to consider relevant evidence might demonstrate an error of law but, with the assistance of the parties’ submissions, I am able to discern from the papers whether the FTT has taken into account the relevant evidence. There is no need for me to make further findings of fact and I do not need to hear oral evidence. The parties have set out their submissions in some detail. An oral hearing would not serve any useful purpose and I consider that to require one would be disproportionate.
- Heading
- The decision of the Upper Tribunal is to dismiss the appeal
- Factual summary
- Ground 1: The FtT should not have decided to proceed to hear the appeal when the CMS had failed to comply with pervious directions
- Ground 1
- Ground 3
- Ground 5
- Grounds 2 and 4: The inter-relationship between regulations 65 and 67
- The arguments before and decision of the First-tier Tribunal
- The grant of permission to appeal by the Upper Tribunal
- The parties’ submissions in the Upper Tribunal
- Conclusions
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