Bennett v Secretary of State for Work and Pensions

Bennett v Secretary of State for Work and Pensions

The prosecution was instituted within the statutory time limits under section 116(2) of the Social Security Administration Act 1992, and there was no unfair prejudice to the appellant caused by the delay. The appeal is dismissed.

Parties
Claimant: Bennett; Defendant: Secretary of State for Work and Pensions
Jurisdiction
England and Wales
Judgment Date
27 January 2012
Procedural Posture
Appeal by Way of Case Stated / Judgment
Outcome
Appeal dismissed
Legal Topics
Abuse of Process, Time Limits for Prosecution, Benefit Fraud, Fair Trial Rights
Criminal Law Social Security Law Abuse of Process Time Limits for Prosecution Benefit Fraud Fair Trial Rights

Case Brief

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Parties

Bennett

Claimant

Secretary of State for Work and Pensions

Defendant

Procedural Posture

Appeal by Way of Case Stated / Judgment

Legal Issues

  1. 1 Whether the prosecution was instituted within the statutory time limits under section 116(2) of the Social Security Administration Act 1992
  2. 2 Whether delay in prosecution amounted to an abuse of process and caused unfair prejudice to the appellant
  3. 3 Whether the Secretary of State was obliged to keep detailed records of enquiries made by the appellant

Ratio Decidendi

The prosecution was instituted within the statutory time limits under section 116(2) of the Social Security Administration Act 1992, and there was no unfair prejudice to the appellant caused by the delay. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appellant to pay respondent's costs, such costs not to be enforced without leave of the court