DL v Secretary of State for Work and Pensions and Another: [2025] UKUT 108 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Scolding on 25 March 2025.
Read the full decision in .
Judicial Summary
Child Support Act 1991: What has to be in place for the Court to recognise that a supersession decision has been made under s17 of the Child Support Act 1991 (in circumstances where the decision making is unclear and confused). What happens if this decision does not comply with Regulation 25 of the Child Support Maintenance Regulations 2012 – does that mean the decision is totally invalid or can the Tribunal examine the manner and extent of the deficiencies and the prejudice to the parties when deciding if the notification was invalid?
CHILD SUPPORT: child support- jurisdiction: child support – other
In cases of confused or unclear decision making, what requirements are essential for something to amount to a supersession decision under s17 of the Child Support Act 1991. Whether the requirements of Regulation 25 of the Child Support Maintenance Regulation 2012 are such that failure to comply with the requirements automatically makes the decision totally invalid, or can the Tribunal examine the manner and extent of the deficiencies and the prejudice to the parties when deciding if the notification was invalid or simply deficient (and so can be relied upon as a decision which can be the subject of appeal)?