Mum avoids jail over £11k claim

MOTHER-OF-THREE Margaret Gater claimed more than £11,000 benefits she was not entitled to after her husband secured a job.

The 57-year-old began claiming income support legitimately in 2006 on the basis she was a single person and was unable to work, North Staffordshire magistrates heard.

Prosecutor Lynn Warrington said Gater also claimed council tax benefit from Newcastle Borough Council.

Gater's husband was legitimately added to the benefit claims in February 2009.

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But the claims became illegal when Mr Gater gained full-time work in July 2010.

"This affected the benefit claim and was not declared," said Miss Warrington.

The court was told Gater was co-operative in her interviews.

She was overpaid a total £9,429.89 income support and £1,648.05 council tax – a total of £11,077.94.

Gater, of Cedar Avenue, Talke, pleaded guilty to two charges of failing to notify a change of circumstances affecting her entitlement to benefit, namely that her partner was working. The offences spanned from July 2010 to December 2011.

But the offending did not involve an element of dishonesty, the court heard.

Nicola Bell, mitigating, said the council tax overpayment is being paid back through her husband's wages on a weekly basis.

She said Gater's benefits were stopped completely since her interview and she has not received any payments since December 2011.

Ms Bell said Gater, who has no previous convictions, is in poor health and her husband had suffered a heart attack on Tuesday and is in hospital.

"She is charged under the less aggravating form of benefit cases. This was a relatively short period of time," said Ms Bell.

"Her husband gained work after a long time of being without work. It was on a temporary basis initially. Mrs Gater decided to try and clear the debts that accrued without employment. She made the decision not to inform the Department for Works and Pensions).

"She was initially over cautious and then frightened about the prospect of not being able to pay the debts.

"This is a couple who have endured financial hardship. She made a poor decision in extreme circumstances."

Ms Bell asked magistrates to give Gater a conditional discharge.

"Her very appearance here today is punishment in itself," she added.

Magistrates sentenced Gater to a 12-month conditional discharge and told her to pay £85 costs.