Passmore, R. v

Passmore, R. v

A change of circumstances under section 111A(1)(a) of the Social Security Administration Act 1992 must be one that would make a difference to the amount of benefit to which the recipient is entitled; mere potential for further enquiry by a benefit officer is insufficient.

Parties
Prosecution: Regina; Appellant: Paul Darren Passmore
Jurisdiction
England and Wales
Judgment Date
18 June 2007
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed; convictions quashed
Legal Topics
Statutory Interpretation, Benefit Fraud, Notification of Change of Circumstances
Criminal Law Social Security Law Statutory Interpretation Benefit Fraud Notification of Change of Circumstances

Case Brief

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Parties

Regina

Prosecution

Paul Darren Passmore

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 What is the proper interpretation of 'a change of circumstances affecting any entitlement to any benefit' under section 111A(1)(a) of the Social Security Administration Act 1992?
  2. 2 Does the formation of a company by a benefit recipient constitute a change of circumstances affecting entitlement to benefit if it does not alter the amount of benefit received?

Ratio Decidendi

A change of circumstances under section 111A(1)(a) of the Social Security Administration Act 1992 must be one that would make a difference to the amount of benefit to which the recipient is entitled; mere potential for further enquiry by a benefit officer is insufficient.

Court Disposition

appeal allowed; convictions quashed

Orders

  • The appeal is allowed.
  • The convictions under section 111A(1)(a) and related counts are quashed.