MJ v Secretary of State for Work and Pensions and FD (CSM): [2018] UKUT 42 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Gray on 5 February 2018.
Read the full decision in .
Judicial Summary
In an old scheme (1993) case the First-tier Tribunal had no jurisdiction to entertain an appeal against the decision of the agency (which was either a refusal to supersede or a refusal to revise) that was made after the maintenance assessment had ceased to be in force. Section 20 Child Support Act 1991 provides for a right of appeal to the FTT in respect of an initial refusal to make a maintenance application and against the cancellation of or refusal to cancel a maintenance assessment; otherwise the right of appeal is contingent upon there being “a maintenance assessment in force”. A maintenance assessment that has come to an end because the youngest qualifying child reached the terminal age is not in force. TB-v- Secretary of State for Work and Pensions& RB (CSM) [2017] UKUT 218 (AAC) followed.