Northern Ireland - Social Security and Child Support Commissioners' Decisions

[1998] NISSCSC CSA1/98 (8 February 1999)

 


Application No: CSA1/98

THE CHILD SUPPORT (NORTHERN IRELAND) ORDERS 1991 AND 1995

Application by the above-named applicant for

leave to appeal to the Child Support Commissioner

on a question of law from the decision of the

Strabane Child Support Appeal Tribunal

dated 13 November 1997

DETERMINATION OF THE CHILD SUPPORT COMMISSIONER

1. This is an application by Mr McV... (the "absent parent") for leave to appeal against the decision dated 13 November 1997 of a Child Support Appeal Tribunal (herein after called "the tribunal") sitting at Strabane. I held an oral hearing and this case was heard together with CSA 2/98 by agreement of Mr McV... who attended the hearing and Mrs McCann who also attended to represent the Child Support Officer and who opposed the application.
2. In essence Mr McV...'s ground of appeal was that the Tribunal had been in error of law in upholding a decision of a Child Support Officer which based the calculation of the child support maintenance on a set of accounts which ended on 30 June 1996 and did not use a set of accounts dated 31 March 1997.
3. In response to my enquiry, at hearing Mr McV... confirmed that he had been asked to supply the later set of accounts but had refused to do so. His refusal was based on the fact that the Child Support Officer had not undertaken to use this later set of accounts to assess Mr McV...'s liability for child support maintenance. At hearing before me Mr McV... also confirmed that he had been asked by the Child Support Officer to supply the earlier accounts (ie those to 30 June 1996) and had replied that his former partner had already supplied those to the Child Support Agency.
4. My decision is that this application is dismissed, the Tribunal's decision not being in error of law in the respect alleged by Mr McV... nor in any other respect.
5. Mr McV... is a self-employed businessman and as such his net income is to be assessed under the Child Support (Maintenance Assessments and Special Cases) Regulations (Northern Ireland) 1992. In particular Schedule 1, paragraph 5 is relevant in this case. Inter alia that paragraph provides for how the earnings of a self-employed earner are to be assessed. Sub paragraphs 2 and 2a relate to how accounts are to be used. I can find no error in the method in which the Child Support Officer used the accounts in Mr McV...'s case.
6. Mr McV... has complained that the earlier set of accounts were used. As these had been provided, and as Mr McV... appeared to adopt the provision of those accounts by his former partner, paragraph 5(2) appears relevant. It appears that the earlier set of accounts complied with paragraph 5(2) and that the later set of accounts could only be used where the Child Support Officer was satisfied that they also complied with paragraph 5(2). As Mr McV... would not supply the accounts the Child Support Officer could not be so satisfied. I can therefore find no error in the Child Support Officer using the earlier set of accounts and there is certainly no breach of the rules of natural justice in the Child Support Officer not undertaking to use any later accounts in advance of seeing them. Without seeing the accounts the Child Support Officer could not be satisfied that they complied with paragraph 5(2).
7. As the Tribunal adopted the Child Support Officer's decision and as it gave clear reasons and findings of fact I can see no error in the Tribunal's decision.
8. I therefore dismiss the application.

(Signed): M.F.Brown

COMMISSIONER

(Date): 8 February 1999