CCS 13462/96

The parent with care's appeal is allowed. The decision of the Leeds child support appeal tribunal dated 12 December 1995 is wrong in law, for the reasons given below, and I set it aside. The case is referred to a differently constituted child support appeal tribunal for determination in accordance with the directions given in paragraph 28 below (Child Support Act 1991, section 24(3)(c)).

The child support officer's second-tier review decision which was before the appeal tribunal was to make an assessment of child support maintenance against the absent parent from 22 October 1993. The assessment was for varying amounts from succeeding dates, finally from 8 July 1994. That assessment replaced one for a smaller amount from 6 January 1994.

The parent with care appealed against the second-tier review decision. The points she raised were that she disagreed with the withdrawal of the interim maintenance assessment, she disagreed with the calculation of the absent parent's income and housing costs, which she said had been manipulated by him in his favour, and that the absent parent had a partner who was living with him.

Both parents attended the hearing before the appeal tribunal on 12 December 1995. The appeal tribunal allowed the parent with care's appeal, but only to the extent of remitting the case with directions that an undisputed error in apportioning her housing costs should be corrected and that the effective date of the maintenance assessment should be 25 October 1993 rather than 23 October 1993.

"1. There is a conflict of evidence as to whether the original MEF was received by [the absent parent]. The CSO has investigated and has taken the view that it was received. The assessment has been conducted on that basis.