Prosecution first for Vale of White Horse District Council
The Vale of White Horse District Council has for the first time successfully prosecuted a benefit fraudster using Theft Act legislation designed to crack down on those who dishonestly retain money that they are not entitled to.
Caroline Sturgess, 51, of Besselsleigh, pleaded guilty at Oxford Magistrates’ Court on Friday 8 July to dishonestly retaining a wrongful credit in relation to her claims for housing and council tax benefit.
Sturgess, who began claiming benefits in March 2009, failed to inform the council when she started work as a purchase ledger clerk just two months later and was therefore no longer in receipt of job seeker’s allowance.
As a result, she had continued to receive money that she wasn’t entitled to until November 2009 when, following information received from the Department for Work and Pensions, her claims were cancelled back to May 2009 when she had stopped receiving job seeker’s allowance.
In November 2009 Sturgess was informed of the cancellation and was asked to attend an interview under caution with fraud investigators. She later got in contact with the council and repaid all the money that she had wrongly received, however failed to turn up for interview and for a further three times on which she was requested to attend interviews between December 2009 and September 2010.
On a number of occasions Sturgess excused herself from the interviews via letter claiming that the council had been informed of the change in circumstances, however following extensive checks in the council’s benefits department no letter could be found.
When a person claims benefits they are under an obligation to inform the council about any changes in circumstances that affect their entitlement, and have a duty to return any money that has been wrongly credited to them. As it was clear that Sturgess had only returned the money once requested to do so by the council, and had continually failed to turn up for interview, it was felt the Vale had not alternative but to prosecute.
Over a 25 week period Sturgess wrongly received 13 payments totalling £5,064.12. Magistrates agreed that she should have known that she wasn’t entitled to the money and that she had a duty to inform the council of the change in circumstance when it had happened. As a result Sturgess was fined £270 and ordered to pay £315 costs.
Cllr Matthew Barber, Cabinet Member for Finance at the Vale of White Horse District Council, said: “Those claiming benefits have a duty to inform us if their circumstances change or if they suspect that they are receiving money they aren’t entitled to.
“We would also like to make it very clear that anyone who fails to turn up to an interview under caution runs the significant risk of being prosecuted in court. Benefit fraud is theft from the public purse. It is a crime against us all and we will not hesitate to take the ultimate action.”