Cases we handle
Child support maintenance – decisions of the Social Entitlement Chamber of the First-tier Tribunal on appeal from decisions of the Secretary of State
Parents can appeal to the First-tier Tribunal against decisions made by the Secretary of State under the Child Support Acts about child support maintenance. These include decisions about:
- Whether a parent is a resident parent or has shared care of a child
- The amount of the maintenance calculation payable by a non–resident parent to a resident parent for a qualifying child
- variations (directions to change the calculation in special circumstances) or refusals to vary
- reduced benefit directions (directions to reduce the benefit received by a claimant who has refused to cooperate with the Secretary of State in making an application for child support maintenance against a non–resident parent).
The general right of appeal applies to cases where the Secretary of State has required the resident parent to apply for maintenance. It also applies to cases where the parent makes the application without intervention from the Department.
Section 24 of the Child Support Act 1991 
provides that any person who is aggrieved by a decision of the First-tier Tribunal may appeal to the Administrative Appeals Chamber of the Upper Tribunal on a question of law. The Secretary of State may also appeal. An appeal may only be brought with permission of either a First-tier Tribunal judge or an Upper Tribunal judge. Tribunal judges of either tier do not have jurisdiction to deal with declarations of paternity or liability orders. The courts decide those cases.
The same rights of appeal to the First-tier Tribunal and the Upper Tribunal apply also to decisions made under the old child support maintenance scheme. This covers applications made before 3 March 2003.
You have to apply to the First-tier Tribunal judge for permission before you appeal to the Upper Tribunal.
Relevant legislation
For relevant legislation see the Law Relating to Child Support (the Orange Volumes)
Note:
From 3 November 2008 the new Upper Tribunal has taken over the work of the Social Security, Child Support and Pensions Appeal Commissioners. The Commissioners formerly handled appeals from tribunals that are now covered by the Social Entitlement Chamber, and the War Pensions and Armed Forces Compensation Chamber of the First-tier Tribunal.
The Upper Tribunal also deals with appeals from the Health, Education and Social Care Chamber of the First-tier Tribunal.
Page last updated 03 November 2008
