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23 October 2019 / David Burrows
Issue: 7861 / Categories: Features , Family , Child law , Divorce
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Breakdown cover (Pt 2)

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David Burrows provides a rundown of child support appeals to the First-tier Tribunal & Upper Tribunal
  • Child support appeals to First-tier Tribunal and Upper Tribunal.
  • When is an appeal to the Upper Tribunal a matter of law?
  • When is a variation direction asset in a non-resident parent’s ‘control’ or just in ‘his sphere’; and will this matter with the new ‘asset’ regulation under reg 69A?

The first article in this series explained the working of the child support scheme calculation with variation directions (now Child Support Maintenance Calculation Regulations 2012 (SI 2012/2677) regs 69-71) from the formula (‘Breakdown cover’, NLJ 15 March 2019, p9). The scheme is operated by decision-makers within the renamed Child Maintenance Service (CMS) (formerly the Child Support Agency), which are the outward face of the secretary of state for work and pensions. They run the scheme for the secretary of state under the Child Support Act 1991 (CSA 1991) (as variously amended).

Any lawyer, or spouse who deals with it, knows

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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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