DW v Secretary of State for Work and Pensions (CMS) and JH: [2023] UKUT 19 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Sutherland Williams on 16 January 2023.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 21 February 2023

• Categories: Child support, Tribunal procedure and practice
• Sub-categories: Child support - other
• Judges: Sutherland Williams, M
• Decision date: 16 January 2023

Read the full decision in UA-2021-001029-CSM.

Judicial Summary

Child Support - Regulation 50 Child Support Maintenance Calculation Regulations 2012 - shared care - review of case law, day to day care and ‘lesser extent’ test. Upper Tribunal should be slow to interfere with findings of fact made by the First Tier Tribunal. Overarching concept of care. Motive cannot subjugate the operation of regulation 50, but mere observations are not pivotal.

Published 21 February 2023