Parry v Halton Magistrates' Court & Anor [2005] EWHC 1486 (Admin) (20 June 2005)

Parry v Halton Magistrates' Court & Anor [2005] EWHC 1486 (Admin) (20 June 2005)

The obligation to notify a change of circumstances affecting benefit entitlement is continuing and does not lapse with time or cessation of work; failure to notify after the commencement of section 111A(1A) constitutes an offence, and 'promptness' is irrelevant where no notification is given.

Citation
[2005] EWHC 1486 (Admin)
Parties
Claimant: Raymond Parry; First Defendant: Halton Magistrates' Court; Second Defendant: The Department of Work and Pensions
Jurisdiction
England and Wales
Judgment Date
20 June 2005
Procedural Posture
Appeal by Case Stated / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Failure to Notify Change of Circumstances, Social Security Fraud, Interpretation of 'prompt' Notification, Retrospective Criminal Liability, Article 7 ECHR
Criminal Law Social Security Law Failure to Notify Change of Circumstances Social Security Fraud Interpretation of 'prompt' Notification Retrospective Criminal Liability Article 7 ECHR

Case Brief

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Parties

Raymond Parry

Claimant

Halton Magistrates' Court

First Defendant

The Department of Work and Pensions

Second Defendant

Procedural Posture

Appeal by Case Stated / Judgment on Appeal

Legal Issues

  1. 1 Whether failure to notify a change of circumstances prior to the commencement of section 111A(1A) of the Social Security Administration Act 1992 can constitute an offence after its commencement
  2. 2 Interpretation of 'prompt' notification under section 111A(1A)
  3. 3 Whether the obligation to notify ceases with passage of time or cessation of work

Ratio Decidendi

The obligation to notify a change of circumstances affecting benefit entitlement is continuing and does not lapse with time or cessation of work; failure to notify after the commencement of section 111A(1A) constitutes an offence, and 'promptness' is irrelevant where no notification is given.

Court Disposition

Appeal dismissed

Orders

  • Questions posed by the justices answered 'yes'
  • Conviction upheld