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15 NOV 2012

MAINTENANCE: KH v Child Maintenance Enforcement Commission [2012] UKUT 329 (AAC)

(Upper Tribunal, Administrative Appeals Chamber, Upper Tribunal Judge Mesher, 18 September 2012)

The father appealed the maintenance assessment carried out by the CMEC which had more than doubled from £20.08 per week to £52.30 where the father claimed his circumstances had not changed but his outgoings had increased and had been miscalculated in the assessment. The father failed to attend the appeal hearing claiming he had not received the notice and the appeal went against him.

The father sought to set aside that decision on the basis that he had not received notification until after the hearing due to weather disruptions with the Royal Mail and that he had to attend a family funeral. The tribunal dismissed the appeal and the father appealed to the Upper Tribunal.

The father's evidence as to receipt of notice was accepted and the decision was set aside as involving an error on a point of law in the form of a breach of the principles of natural justice and was remitted to the First-tier Tribunal for reconsideration.

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