Upper Tribunal (Administrative Appeals Chamber)

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You are here: BAILII >> Databases >> Upper Tribunal (Administrative Appeals Chamber) >> DB v Secretary of State for Work and Pensions (2) SB (CSM) (Child support - maintenance assessments/calculations) [2023] UKUT 70 (AAC) (16 March 2023)
URL: http://www.bailii.org/uk/cases/UKUT/AAC/2023/70.html
Cite as: [2023] UKUT 70 (AAC)

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DB v (1) Secretary of State for Work and Pensions (2) SB (CSM) () [2023] UKUT 70 (AAC) (16 March 2023)

Child Support Act 1991 and Regulation 50 of the Child Support Maintenance Calculation Regulations 2012 - proper approach to assessing whether the person named in an application under section 4 Child Support Act 1991 has "day to day care" to a lesser extent than the applicant - FtT took an impressionistic view. I decide that this is impermissible. An assessment of the where the balance of "day to day care" lies for the purposes of Regulation 50 must be based on evidence-based findings on what "immediate, short-term and mundane aspects of care" are carried out and by whom, and not on a value judgment as to the merits of the parents' parenting philosophies, which was not relevant.

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