A Lancashire woman claimed almost £30,000 in Universal Credit she wasn't entitled to.
Debbie Bowler, 41, of Ruskin Avenue, Colne, admitted one charge of dishonestly making a false statement to obtain benefit when she appeared at Burnley Magistrates' Court last week.
Making a false statement or representation with a view to obtaining benefit payments is an offence contrary to section 13 of the Social Security Administration (Fraud) Act 1997.
The maximum penalty for the offence is 26 weeks' custody and/or an unlimited fine on summary conviction, 7 years' custody and/or an unlimited fine on conviction on indictment.
District Judge James Clarke heard that Bowler had notified the Department for Work and Pensions (DWP) that the father of her two children had left the family home in March 2016 when their relationship came to an end.
Shortly afterwards her ex-partner returned to the property and resumed living there on a regular basis. Bowler failed to notify the DWP of the change in circumstances and dishonestly claimed benefit payments to the tune of £29,247.
Carl Gaffney, prosecuting, told the court that Bowler, her ex-partner and the two children had flown to Australia for a month-long family holiday.
"Pretty much all of the documentation relates to what we say is a shared property. There were bank accounts going to the shared address", Mr Gaffney said.
Trevor Grice, mitigating, said that Bowler's ex-partner owned the property where she and the children were living. She was suffering depression after her 22-year-old son tragically died in July 2018 and her ex-partner would stay three nights a week to assist with the children.
The solicitor continued: "She is adamant it was only three nights a week. He stayed in the bed and she stayed on the sofa."
Mr Grice went on: "She says she was under a misapprehension. She was under the impression a person could stay at the premises for three days without her notifying the authorities.
"She says on that basis she made the decision to allow him to stay. It was a misunderstanding of the relevant legislation."
District Judge James Clarke acknowledged that Bowler, who had no previous convictions, was under a great deal of personal strain due to the sudden and unexpected death of her son.
Bowler was sentenced to a 12-month community order, with up to 12 days' Rehabilitation Activity Requirement and 10-weeks' electronically monitored curfew.
The DWP is currently recovering the overpayment.
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