OAP in £18k benefit fraud paying it back out of pension
AN OAP who claimed more than £18,000 in benefits while working for a ‘thriving’ window cleaning firm has avoided going straight to prison after a court heard he is paying it back out of his pension.
Rodney Leach, of Castleton, began claiming for incapacity benefit in 2006 after breaking his back and was supported by the appropriate sick notes from his doctor, a court was told. However, ten years later, in 2016, it was discovered he had been operating a selfemployed family window cleaning business.
Brian McKenna, prosecuting, said accounts showed the firm, which had been going for between 20 and 25 years, was a ‘thriving’ one.
One year the gross turnover was £130,000 and in another it was £100,000, the court heard.
Leach, 67, said in his interview he was only doing administration work and said he wasn’t receiving any income however “the accounts clearly showed he was taking a share of the net profit” Mr McKenna added.
There was no evidence he had been doing physical work such as climbing ladders, the court was told with his barrister saying that work was done by his sons.
However Incapacity Benefit, a benefit which has now been replaced, is paid to people who are unable to work for a period of more than 28 consecutive weeks because of illness or disability and claimants are not allowed to claim and work more than 16 hours a week or earn more than £125 a week while claiming, this is known as ‘permitted work.’
In total, the period of overpayment was found to be five years and Leach received just over £18,500 he wasn’t entitled to the court was told.
Leach, of Albion Street, Castleton, pleaded guilty to two charges of dishonestly failing to notify a change of circumstances affecting his entitlement to social security benefits at the magistrates court.
Adam Roxborough, defending said: “He broke his back.
“He took on an admin role in the business but he didn’t recognise that with that type of benefit you cannot do any work at all.
“He feels he has brought shame upon himself and he is extremely remorseful.
“He has been paying back out of his old age pension and has already paid £6,000.”
A judge said he would ‘one way or another’ be made to pay back the full amount with the prosecution intending on using the Proceeds of Crime Act (POCA) to ensure the full amount is re-paid.
However passing sentence at Minshull Street Crown Court, Judge Stuart Driver QC, decided he was able to suspend his six month prison sentence for two years meaning he will not go to jail unless he commits any other offences.
He told him: “For a period of five years you dishonestly claimed benefits of which you weren’t entitled, totalling £18, 578.
“The aggravating feature here is it was a large figure, £18,000, and that the fraudulent behaviour carried on for a long period of time.
“In mitigation, you are 67 years old, you are of previous good character and you pleaded guilty at the first available opportunity.
“I let it be known that one way or another you will be made to pay back all the money you obtained from the state and there may be further financial orders on top of that.”