A MOTHER was overpaid more than £36,000 in benefits after telling the authorities her marriage lasted just a day.

Jane Smith, aged 42, of Heath Row, Madeley Heath, pleaded guilty to dishonestly failing to give prompt notification of a change in her circumstances in relation to income support.

Stoke-on-Trent Crown Court heard yesterday Smith made a legitimate claim for income support in February 2002.

But just weeks later, on March 25, 2002, she married Neil Smith.

Prosecutor Earl Pinnock said: "That constituted a change which needed to be notified to the department. But that change was not notified."

He said the Department for Work and Pensions (DWP) became aware of Smith's status in October 2006. Smith was interviewed in early 2007.

Mr Pinnock said: "She said she was married, but the day after the marriage, the marriage fell apart. She said Mr Smith was not living with her.

"But in due course, she does accept they were together, but it may have been on an on-off basis."

Joanne Wallbanks, mitigating for Smith, who has no previous convictions, said the defendant has had the case hanging over her. She said: "It has taken its toll on her and her children."

Judge Paul Glenn said the case merited custody, but there were good reasons for him not to send her to prison straight away.

He sentenced Smith, who has two young children, to 32 weeks in prison, suspended for 18 months, with 12 months' supervision and 140 hours of unpaid work.

Judge Glenn told Smith: "The serious aspect of this case is the dishonesty spanned over four-and-a-half years.

"The claim was initially honest, but you failed to declare your marriage and claimed benefit as a lone parent in your maiden name. Your husband was in employment and you had a joint bank account."

The judge said despite the overpayment being in excess of £36,000, he believed Smith would have been entitled to some benefits and the total loss to the public purse could have been as much as £10,000 less. He added: "I do not believe you separated the day after your marriage and only got back together around the time of your arrest. But I am prepared to accept the relationship was a very difficult one."

The judge made no order for costs or compensation, because he did not believe Smith has the means to pay.