Burnley benefit cheat walks free after £40k benefits fraud (From Burnley and Pendle Citizen)

Burnley benefit cheat walks free after £40k benefits fraud

1:37pm Sunday 19th April 2009

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A MIDDLE-AGED mum involved in a £40,000 benefits fraud has walked free from court after a judge said it would be unjust to jail her.

Carol Middleton, 46, had told the authorities she was single when in fact she had been reunited with her husband.

Her claim for handouts had been legal at the start but she then lied after her husband moved back in, Burnley Crown Court heard.

Middleton, who is on incapacity benefits and is also full-time carer for her 13-year-old son who has Adhd and is profoundly deaf, was not said to have lived a life of luxury.

The defendant, of Portal Grove, Burnley, admitted allegations of failing to notify a change in circumstances between 2004 and 2006. She was given a six month prison sentence, suspended for two years.

Judge Andrew Woolman said he was satisfied Middleton did not have an extravagant life. He said: “At most you had an annual holiday which you no doubt needed in view of all your responsibilities."

The judge said her claim had been legitimate between 1999 and 2004. She would have been entitled to benefits even if she had not lied, but it was impossible to say how much.

Judge Woolman added the defendant was the best person to deal with her son, had her own medical problems and was gradually paying back the money. He added custody would cause enormous problems to her and even greater problems to her son.

Mark Stuart, for the defendant, said she would probably have been entitled to a considerable proportion of the money she did receive if she had gone through the right channels.

She and her husband were back together and were claiming about £13,000 to £14,000 a year in benefits. She got half a carer's allowance because she was on incapacity benefit.

Middleton was repaying the benefits cash and had also made two large repayments out of her incapacity benefits.

Mr Stuart added: “She has a trapped nerve in her back, arthritis and a torn cartiledge.

"She manages. She is most anxious and depressed about the position she has got herself in."

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