Northern Ireland - Social Security and Child Support Commissioners' Decisions

[2004] NISSCSC CSC5/03-04 (20 May 2004)

 


Decision No: CSC5/03-04

THE CHILD SUPPORT (NORTHERN IRELAND) ORDERS 1991 AND 1995
Appeal to a Child Support Commissioner on a question of law from the decision of the Appeal Tribunal dated 4 December 2002 DECISION OF THE CHILD SUPPORT COMMISSIONER
1. This is an appeal by the appellant, the non-resident parent, with the leave of the legally qualified member of the Tribunal, against the unanimous decision of the Tribunal allowing the appeal of the second respondent, the parent with care, from the decision of a decision maker which refused a departure direction on the grounds that the non-resident parent had assets capable of producing income or higher income, lifestyle inconsistent with income, diversion of income and housing costs that could be paid by the non-resident parent's present partner. The Tribunal's decision was to the effect that the non-resident parent's lifestyle was inconsistent with his income and the departure direction was granted. In addition the non-resident parent's income for the purposes of the departure direction calculation was as follows: -

"[The non-resident parent] declares drawings in 1999 of £34019.00

Which equals = £654.21p income per week."

2. The appellant, the non-resident parent, is represented by S J C of C and Company, Solicitors. The first respondent is represented by Mr Gough. The second respondent, the parent with care, is represented by Ms McCormack, solicitor for the Law Centre (NI).
3. By virtue of regulation 26(2) of the Child Support Commissioners (Procedure) Regulations (Northern Ireland) 1999, wherein all parties have given their consent, I give the following decision without reasons, namely: -

(i) that the appeal is allowed;

(ii) that, as the Tribunal's decision is erroneous in point of law, it is set aside; and

(iii) that the case is remitted to a freshly constituted Tribunal for redetermination.

J A H Martin QC

Chief Commissioner

20 May 2004