A 47-YEAR-OLD man with long-standing health problems has avoided going to jail after falsely claming more than £40,000 in benefits.

Kevin Hayward began to legally claim severe disablement allowance in 1996, as he was unable to work, and disability living allowance in 1998.

Stoke-on-Trent Crown Court heard yesterday that Hayward was suffering from asthma, bladder and kidney problems, found it difficult to bend over and could only walk very slowly with assistance.

But as his health improved, he went on to gain employment with three companies, including a five-year spell with a computer firm where he would work 37 hours per week, getting paid £10 per hour.

Hayward, of Glebedale Court, Glebedale Road, Fenton, was overpaid £41,398.77 after failing to notify authorities of a change in his circumstances.

Esther Harrison, prosecuting, said: "This was a legitimate claim at the start but as he took medication and his medical condition fluctuated, it would go from being lawful to unlawful at times.

"He worked for three companies, including a spell at ICT Networks between 2002 and 2007.

"He told them he was asthmatic but didn't disclose his disabilities and said in his CV he enjoyed playing golf.

"When questioned, he said he needed the money at home and his plan was to work for 12 to 18 months and see if he could come off the benefits completely.

"Clearly he didn't do this and he became dependent on the money."

Hayward pleaded guilty to two charges of failing to notify the authorities about his change of circumstances.

Robert Smith, defending, asked for a suspended prison sentence for his client.

He said: "The defendant has no previous convictions and is extremely remorseful.

"He has historically suffered from poor health and now has chronic obstructive pulmonary disease.

"His idea was to start to work to see if he could sustain the employment and therefore would be able to come off the benefits altogether.

"In 1998 when he started to claim it was lawful and legitimate and he wants to make it clear that he never intended to defraud the taxpayer.

"He lives in a ground floor flat which is a lifeline for his health and he would lose that if he went into custody."

Hayward was sentenced to three months in prison, suspended for two years.

He was also given a 12-month supervision requirement and a four-month electronically tagged curfew, between the hours of 9pm and 5am.

Judge Paul Glenn, pictured, said:"I don't particularly like benefit fraud cases because the victims are the honest taxpayers.

"I think the sentencing guidelines are low but I am bound to follow them."