LF v Secretary of State for Work and Pensions and LF: [2024] UKUT 136 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Brunner on 3 May 2024.
Read the full decision in .
Judicial Summary
Judicial Summary: Nullity: A decision of Child Maintenance Service is not rendered a nullity as a result of not being communicated in a written notice, agreeing with R(U) 7/81 and R(SB) 41/83. Observations that nullity is a term which will rarely be of use to the First-tier tribunal (Social Security and Child Support).
Official Error: a refusal to supersede can be revised for official error under regulation 14 Child Support Maintenance Calculation Regulations 2012. It is a ‘decision under’ s17 Child Support Act 1991 for the purposes of section 16 (1A) of that Act, which in turn brings it within the type of decision that can be revised under regulation 14 (agreeing with Judge Jacobs in CCS/1282/2010). The First-tier Tribunals revision of a decision which preceded the official error was an error of law; only a decision which arose from the official error can be changed.