BH v Secretary of State for Work and Pensions and SB (CSM): [2021] UKUT 190 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Poynter on 8 February 2021.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 18 August 2021

• Categories: Child support, Income support and state pension credits and Tribunal procedure and practice
• Sub-categories: Child support - tribunal practice, Income support and state pension credits - other: income support and Tribunal procedure and practice - tribunal jurisdiction
• Judges: Poynter, R
• Decision date: 8 February 2021

Read the full decision in CCS/1492/2018.

Judicial Summary

Child support—Other—Whether, when Secretary of State implements a decision of the First-tier Tribunal by following directions given by that Tribunal, the implementing decision is made under section 11 of the Child Support Act 1991, or under section 20—Whether the Secretary of State subsequently has power to revise such an implementing decision under section 16 of that Act. Child support—Tribunal practice—Whether an abuse of process to seek to challenge earlier tribunal decisions in appeals against subsequent decisions by the Secretary of State in respect of later periods. Tribunal practice—Jurisdiction—Appeal against a decision the Secretary of State had no power to make.

Published 18 August 2021