ROE v (1) Secretary of State for Work and Pensions (2) IAL (CSM): [2026] UKUT 283 (AAC)
Upper Tribunal Administrative Appeals Chamber decision of Judge Church on 26 July 2026.
Read the full decision in .
Judicial Summary
This appeal is about regulation 71 of the Child Support Maintenance Calculation Regulations 2012. The First-tier Tribunal decided to make a variation under Regulation 71 to the amount the Father was liable to pay by way of child maintenance.
The Upper Tribunal allowed the appeals on the basis that, having made a finding that the Father was subject to a freezing order, it was incumbent on the First-tier Tribunal to explain how, given that freezing order, it was satisfied that the Father:
(a) had the ability to control the amount of income he received or was taken into account as his gross weekly income; and
(b) unreasonably reduced the amount of his income which would otherwise fall to be taken into account as gross weekly income or as unearned income under regulation 69 by diverting it to other persons or for purposes other than the provision of such income for himself
as required by Regulation 71. Its failure to do so rendered its reasons inadequate.