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R (on the application of Plumb) v Secretary of State for Work and Pensions

Case date: 22 March 2002



Introduction
An application for judicial review by a father against a decision to deduct maintenance for his daughter from his benefits, when he had a higher than usual level of contact with her.

Details of the case

Mr Plumb was divorced and had a child. When the marriage broke down, he was awarded unusually generous contact by the county court. Although the child lived with her mother, Mr Plumb provided around 1600 hours of care per annum and supplied around 260 meals in that period. He estimated that it cost him between £11.50 and £16.70 per week to feed his daughter.

Mr Plumb was on job seeker’s allowance. He had £5.40 deducted from his allowance, which was sent to the child’s mother, because the child support officer had certified that he had to contribute to her maintenance. The Benefits Agency refused to reconsider that decision.

Mr Plumb applied for judicial review of that decision, arguing that regulation 13 of the Child Support (Maintenance Assessment and Special Cases) Regulations 1992 (SI 1992/1815 was incompatible with article8 of the European Convention on Human Rights (family life).

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