DB v (1) Secretary of State for Work and Pensions (2) SB (CSM): [2023] UKUT 70 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Church on 16 March 2023.
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Judicial Summary
Child Support Act 1991 and Regulation 50 of the Child Support Maintenance Calculation Regulations 2012 – proper approach to assessing whether the person named in an application under section 4 Child Support Act 1991 has “day to day care” to a lesser extent than the applicant – FtT took an impressionistic view. I decide that this is impermissible. An assessment of the where the balance of “day to day care” lies for the purposes of Regulation 50 must be based on evidence-based findings on what “immediate, short-term and mundane aspects of care” are carried out and by whom, and not on a value judgment as to the merits of the parents’ parenting philosophies, which was not relevant.