Forum Home → Discussion → Decision making and appeals → Thread
old decision sought R(S)1/71
Happy new year all.
I am looking for a copy of an old reported decision. R(S)1/71, I think, I don’t know, but it might be helpful for an appeal I have next week.
If anyone has a copy can I have a copy, please.
It’s on Rightsnet: https://www.rightsnet.org.uk/pdfs/ri/1_71.pdf
R(S) 1/71 A claimant was awarded sickness benefit from 2nd January to 2nd April, but on 17th March he was arrested and detained in legal custody until 24th June. He pleaded guilty to fraud charges and received a sentence of 9 months’ imprisonment suspended for 12 months. It was held that, having regard to the provisions of s.39 of the Criminal Justice Act 1967, a suspended sentence of imprisonment at the conclusion of the criminal proceedings constituted a penalty for the purposes of what was then r.6(3) and (4) of the NI (General Benefit) Regs 1948, as amended by SI 1960/1282. Under the SS (General Benefit) Regs 1982, for meaning of ‘penalty’ see r.11(8)(c).
From our SS Law CD-rom
It’s on Rightsnet: https://www.rightsnet.org.uk/pdfs/ri/1_71.pdf
That’s R(I)
many thanks to you both. I appreciate your assistance.