Parry v Halton Magistrates' Court & Anor

Parry v Halton Magistrates' Court & Anor

The appellant was under a continuing obligation to notify the Department of Work and Pensions of his paid employment, and his failure to do so after section 111A(1A) came into force constituted an offence under that provision. The issue of promptness is irrelevant where no notification is ever given, and the relevant period for the offence is after the commencement of section 111A(1A).

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
Criminal Appeal by Case Stated / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Dishonest Failure to Notify Change of Circumstances, Incapacity Benefit, Statutory Interpretation, Retrospective Application of Criminal Law, Article 7 ECHR
Criminal Law Social Security Law Dishonest Failure to Notify Change of Circumstances Incapacity Benefit Statutory Interpretation Retrospective Application of Criminal Law Article 7 ECHR

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Raymond Parry

Claimant

Halton Magistrates' Court

First Defendant

The Department of Work and Pensions

Second Defendant

Procedural Posture

Criminal Appeal by Case Stated / Judgment on Appeal

Legal Issues

  1. 1 Whether failure to give notification after a change in circumstances, where no notification is ever given, makes the issue of promptness irrelevant under section 111A(1A) of the Social Security Administration Act 1992
  2. 2 Whether the obligation to notify continues beyond the cessation of work and the commencement of section 111A(1A)
  3. 3 Whether the period during which the appellant was working is relevant to the commission of the offence after the commencement of section 111A(1A)

Ratio Decidendi

The appellant was under a continuing obligation to notify the Department of Work and Pensions of his paid employment, and his failure to do so after section 111A(1A) came into force constituted an offence under that provision. The issue of promptness is irrelevant where no notification is ever given, and the relevant period for the offence is after the commencement of section 111A(1A).

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • The questions posed by the justices are answered in the affirmative.