Benefits fraud avoids custody
Claimant was working in cafe
A Polish national who fraudulently claimed more than £21,000 worth of benefits has narrowly avoided jail.
Henryk Bryjak (59) failed to notify the Department of Work and Pensions that he had gained employment at the Jam Jar Cafe in Bridge of Allan and as a result he obtained a sum of £21,568 he was not entitled to between May 4, 2013, and September 7, 2015.
Sentencing him on Wednesday morning Sheriff William Gilchrist agreed “with hesitation” to impose an alternative to custody – ordering him to undertake 300 hours of unpaid community work in the next six months.
The court had heard how the Cowane Street resident had accepted responsibility for his actions and had began paying back the sum at a rate of £80 each month.
Defence solicitor Ken Dalling said in mitigation: “Approximately £100 has already been paid back by Mr Bryjak. He had been out of work and made the mistake of returning to employment and not making the necessary declarations.
“He does not accept that there was active planning involved but he does accept that it was not simply negligence. He had intended to report the change but delayed as his family’s finances were being enhanced – and he then delayed further.
“He is a Polish man but he has been in the UK and in employment for a number of years. He resides with his wife and has a grown up family who are also in employment. He has never offended before – he is a family man.
“The prospect of custody fills both him and his family with horror. He is suitable for unpaid work.”
Sheriff Gilchrist told Bryjak: “The level of benefits obtained fraudulently is such that the court is bound to consider custody.
“However, with some hesitation, I’ll impose an alternative in view of your age, your family circumstances and your lack of previous convictions.
“I’ll impose the maximum alternative of 300 hours unpaid work to be completed in six months. You understand that if you do not comply you will be brought back to the court and that would almost certainly result in custody.”