ESCAPE CLAUS
5k Santa runner who could ‘barely walk’ cleared of DWP fraud
A WOMAN accused of cheating the benefits agency by running 5k races dressed as Santa when she claimed she could “barely walk” has been cleared after a 13-month trial.
A sheriff found Beverley Dott not guilty and told her he was clearing her because of the highly visible nature of the regular runs she had been doing.
Dott’s solicitor described her as “hiding in plain sight” when she completed two 5k Santa Runs in Perth, alongside hundreds of other fun runners.
Sheriff Keith O’Mahoney ruled that Dott would not have carried out such highly obvious physical activity if she had been “knowingly or dishonestly” trying to con the Department for Work and Pensions.
However, he told Dott that there had clearly been a change in her physical condition and she should have informed the DWP that her mobility benefit should be cut.
Perth Sheriff Court was told that Dott had approached the agency to tell them about her improved health but had not then filled out the necessary forms.
She had continued claiming the highest rate of mobility benefit and was accused of getting £13,213 she was not entitled to.
Sheriff O’Mahoney said: “I heard evidence over the course of six days over the past 13 months.
“It’s clear to me there was a change in circumstances in respect of mobility.
“There was a sustained improvement quite distinct from the condition as reported in her claim form.” He said the second criteria – a change in the amount she was entitled to – had also been met.
But he found her not guilty because the Crown had not proved the third strand of showing that she had “knowingly or dishonestly failed to notify the DWP” of the change in circumstances.
He said: “Evidence in relation to the runs clearly show they took place in the open. She exposed the fact she was running to anyone observing, to the extent that at least one of them was a sponsored run.
“Is that consistent with someone trying to conceal their ability to manage their condition?
“For that reason, I find you not guilty.”