ANTHONY Elks, who was overpaid more than £37,000 in benefits, has avoided a prison sentence.

The 36-year-old, of Collin Road, Trent Vale, claimed income support and housing and council tax benefit for himself and his wife from May 1997.

Stoke-on-Trent Crown Court heard yesterday he claimed on the basis his wife was unemployed.

But he failed to inform the authorities when the circumstances changed.

Prosecutor Neil Chawla said: "It seems in June 2007 he declared he had commenced full-time work and his benefits ceased. However, it came to light his wife had been working during the claim and the defendant should have informed the department but he did not."

Elks was interviewed in November 2007. He admitted his wife had been working for four years as a cleaner at a Newcastle school.

Mr Chawla said: "The claim was legitimate from the start, but became dishonest once he had the knowledge his wife was working."

In total, Elks was overpaid £21,364.90 income support and £15,927.85 in housing and council tax benefits. This amounted to a total of £37,292.75 over a four-year period.

In his interview Elks said he carried on claiming benefits, because his wife had accrued debts.

The court heard he had since repaid £12,340.70.

Elks pleaded guilty to two charges of failing to notify a change in his circumstances in relation to benefits.

Trevor Meegan, mitigating, asked Judge Simon Tonking to draw back from passing an immediate prison sentence.

The judge agreed due to Elks pleading guilty, being due to start work as an industrial cleaner, and having repaid more than £12,000. His wife also needed full-time care.

Judge Tonking sentenced Elks to six months in prison, suspended for two years, with 12 months' supervision and a requirement to undertake a thinking skills programme.

He made no order for costs, because of the "significant" sum Elks was repaying every month.

"You knew full well she (your wife) was working," said Judge Tonking. "You and her were in a financial mess. She had been spending like no tomorrow on the credit cards.

"You did not tell the authorities and carried on claiming. That was thoroughly dishonest. You gained benefits you were not entitled to of nearly £40,000."