A wheelchair-bound woman who inspired Dundee band The View’s song Grace has been jailed for benefit fraud.
Grace Smith (63) admitted obtaining a total of £37,445.07 from the Department of Work and Pensions and Dundee City Council over six years.
She appeared in court on Monday in a wheelchair and, given her condition, solicitor John Boyle appealed to Sheriff Hughes not to jail her. Mr Boyle suggested the sheriff could consider a restriction of liberty order.
Sheriff Hughes told Mr Boyle, however, that he had no alternative but to impose a 12-month custodial sentence, adding that he had discounted the sentence from one of 18 months due to her early guilty plea.
The distraught pensioner was wheeled away by Reliance officers to go to prison.
Smith, now of Corso Street, had admitted that between June 27 2003 and January 21 2008, at her flat in Pentland Crescent, the Department of Work and Pensions, Lindsay House and elsewhere, she had knowingly made false statements to the DWP that she was a single person living alone, while living with her partner David Maxwell, and did not declare that, obtaining income support of £19,181.18.
She also admitted that between January 8 2003 and August 10 2009, at Dundee City Council revenues division she obtained housing benefit of £13,557.85, and council tax benefit of £3,464.22.
She admitted obtaining, between December 10 2007 and May 17, 2009, pension credit totalling £1,241.82.
At a previous hearing, the court heard she first applied for income support on October 14, 1997. On the application form, she ticked her marital status as single and while it was believed she received income support from then, the documentation relating to payments made for that period is no longer available.
During an investigation, Mr Maxwell’s employer said he was aware that Mr Maxwell had been living with his partner, Smith, during the time of his employment, since 1984.
Employment records also showed that Mr Maxwell had given the accused’s address as his address throughout his period of employment, had provided the accused’s details to his employer as next of kin and described the accused as his common-law wife.
The accused was sent yearly letters from the Department of Work and Pensions asking her to report any change of circumstances, but Smith continued to complete renewal forms with her marital status listed as single and did not declare any other income.
On July 7 2009 a verifying officer with Dundee City Council visited her, and she said she was the only person living at the flat, but also said her friend Mr Maxwell visited on a regular basis to help her. She said he did not live there.
However two months later she told the council Mr Maxwell had moved in on August 30 that year.
After several complaints by Smith, police and council officers were called to the flat of View guitarist Pete Reilly, who lived above her until recently.
Smith blamed his flatmate Jamie Duncan for holding frequent parties lasting until 8am and making her life ”hell”.
Their single Grace was an attempt by the band to address the issues but she refused to accept the ”olive branch”, stating she wanted nothing to do with what the band believed was a conciliatory message (link).
Reilly’s former flatmate, Jamie Duncan, is serving a nine-month jail sentence for breaching an anti-social behaviour order.