Source: All England Reporter
Publisher Citation: [2007] All ER (D) 375 (May)
Court: Queen's Bench Division (Divisional Court)

Hallett LJ and David Clarke J

Representation Kerry Barker (instructed by Powers Solicitors, Western-Super-Mare) for defendant.
  Richard Sheppard (instructed by Malcolm Nicholson) for the authority.
Judgment Dates: 22 May 2007


Magistrates - Information - Time limit for laying information - Housing and council tax benefit - Allegation defendant claiming overpayment of benefits - Whether judge in error in ruling failure to provide prompt notification of a change in circumstances was a continuing offence - , s 112 (1A), (1F).

The Case

Magistrates Information. Where the defendant had been in receipt of housing and council tax benefit and had made a declaration without notifying the relevant authorities of her change in circumstance, the judge had been entitled to conclude that the information was laid within the relevant time limit because the offence was a continuing one.

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