A PENRITH woman illegally claimed more than £20,000 in benefits after she failed to tell officials she was working at a popular Lake District attraction.
A defence lawyer told a judge that Kelly Duffy would have been better off if she had been open and honest with the Department for Work and Pensions (DWP) as she was not at that time claiming all the benefits she was entitled to.
The 50-year-old defendant admitted illegally claiming both housing benefit and employment support allowance for a period of over two years.
Tim Evans, prosecuting at Carlisle Crown Court, said Duffy originally made a legitimate claim for the benefits she received but those claims became illegal when she failed to disclose a change in her financial circumstances.
“She started employment with the Ullswater Steamer in February 2020,” said the barrister, outlining the offences.
Duffy, of Castle Terrace, Penrith, continued to do that work, albeit on a seasonal basis, until October of 2023, the court heard.
When DWP officials interviewed the defendant, she confirmed she knew that starting work would affect her entitlement to benefits and she explained this in a way that neither helped her case nor amounted to a proper explanation, said Mr Evans.
She failed to disclose her job because she did not want her benefits to be stopped. Duffy said she could not cope with the stress of lodging a new claim once her seasonal work ended.
She told investigators she needed the money to pay for the repair of her car and she had debts to pay off.
In total, the total amount of benefits that was overpaid to the defendant amounted to £20,545, the court heard.
Marion Weir, defending said the offending reflected the “complex and ever-changing nature of the benefits system.”
Duffy worried about informing the DWP about the job in case she could not cope with the work and would have to have to begin her benefits claim again and face an inevitable delay before getting the money she needed.
“Secondly, she was worried that that her benefits would reduce to the level where she would not be able to manage her financial responsibilities,” said Miss Weir.
The barrister said the offending was not funding a lavish lifestyle; the defendant had wanted to work to maintain her independence.
Ironically, said Miss Weir, after the offences came to light the defendant’s benefits claims were reorganised to take account of medical issues and she ended up receiving £600 a month more than during the offending period.
Mr Evans said the prosecution rejected that assertion.
Judge Nicholas Barker said the defendant had failed to disclose her changed circumstances knowingly and dishonestly.
“It’s well known and understood that the provision of benefits is open to abuse and fraud and that costs the country millions, if not greater amounts of loss,” said the judge.
But he accepted that the defendant was assessed as vulnerable and had in the past suffered a stroke and had a neurological condition. “I accept that you are remorseful,” added the judge.
The court heard that the defendant has already started repaying the overpaid benefit, though at the present rate this would not be completed until 2057.
He imposed a 12-month community order, with a two-month 9pm to 6am curfew as punishment.
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