A Blairgowrie pensioner who pocketed £40,000 of unemployment benefits while working at a Dundee jewellery store for seven years has been spared jail.
Suzanne Gillman purposefully claimed government allowance while hiding the fact she was employed as a 40-hour a week shop assistance by High Street chain Beaverbrooks.
The 65-year-old repeatedly lied to cover up her scam, telling benefits officers she was too scared to “meet people she doesn’t know”.
Gillman returned to Perth Sheriff Court for sentencing this week, having previously admitted knowingly failing to tell the Department for Work and Pensions of her change in circumstances, when she returned to work.
Her lawyers successfully argued there were “truly exceptional circumstances” to keep her out of jail.
‘Sustained and deliberate’ scam
Sheriff Jennifer Bain KC told her: “You have pled guilty to a contravention of the Social Security Administration Act between March 2011 and May 2018, by obtaining employment and support allowance of £40,000 to which you were not entitled.
“It appears to me that your behaviour was sustained and deliberate.
“This is an incredibly serious matter as your actions prevented that significant sum of money from being made available to those with legitimate need.
“The law says that knowingly depriving the state of such funds should result in a custodial sentence – unless there are truly exceptional circumstances.”
The sheriff noted Gillman had no previous convictions, was deemed a low risk of reoffending and has significant health issues.
A psychiatrist’s report noted there would be “significant risk” of self-harm if she was sent to prison.
“Therefore there are truly exceptional circumstances and I am proposing a community payback order as a direct alternative to custody,” Sheriff Bain said.
Gillman was ordered to carry out 200 hours of unpaid work within 18 months.
She will also stay home from 8pm to 6.30am each night as part of a 12-month restriction of liberty order.
Gillman, of Reform Street, will be tagged and electronically monitored as part of her curfew.
Accused would ‘struggle’ with prison
The court heard the DWP ordered a review of Gillman’s entitlement in November 2018 and found she had been overpaid by £40,000.
She appealed against the ruling, claiming she suffered from mental health problems and did not realise she was being paid more than she was due.
Prosecutors said Gillman – who had worked for Beaverbrooks but quit because of ill health – had stated in a 2010 claims form that she was unfit for work and did not know when she could go back to employment.
She also said she had no other income.
The court was told she began working part-time at Beaverbrooks in 2011, but was later on a rota to do 40-hour-a-week shifts.
Her solicitor Brian Bell previously told the court: “She has a significant medical condition that requires treatment.
“I think she would struggle with a custodial setting more than others.”
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