A former chef from Dundee who made benefits claims worth more than £25,000 by fraud has been ordered to pay back £1,800.
Kevin Henderson was previously eligible for employment support allowance and housing benefit.
He had told the Department for Work and Pensions (DWP) he was working under a zero hours contract as a chef at Barry Buddon, earning minimum wage.
However, he was hauled into an interview after it was discovered he had been working more than the hours permitted, earning up to £1,000 per month.
The 60-year-old previously pled guilty to claiming £22,602.18 in employment support allowance and £3,000 in housing benefit to which he was not entitled between March 2014 and October 2018.
‘Full and frank’ admissions
Prosecutor Larissa Milligan told Dundee Sheriff Court: “Whilst in receipt of these benefits, an individual is permitted to work as long as the earnings do not exceed a certain level.
“The accused continued to claim the benefits and was assumed to not have exceeded the limit.
“The DWP knew he was working.
“Around July 2018, information came to light that the accused was working and earning in excess of what had been expected.”
Ms Milligan said Henderson, of Craigmount Avenue, made “full and frank” admissions during the interview but did not provide an explanation as to why he did not tell the department at the time.
Health issues
Defence solicitor Joe Myles said Henderson, who no longer works, suffered a number of health difficulties, including chronic kidney disease, for which he receives dialysis.
The lower part of his client’s right food had to be amputated in 2019 and he now uses a prosthetic leg.
Mr Myles said: “He was on minimum wage and a zero hours contract with Barry Buddon catering.
“He was described as a casual worker.
“There were many months during this period where he was actually below the threshold but for the majority, he was above it.
“Since 2019 and due to his failing health he has not been able to work at all.
“He does appreciate this is a serious matter.”
Prison considered for former Dundee chef
Sheriff John Rafferty considered imposing a prison sentence, saying: “The sums involved and the period over which these breaches occurred is lengthy.
“There’s grounds for justified public outrage for someone using public funds to this extent.
“There’s grounds for punishment and for the court to seek a deterrent.
“The question is whether a custodial sentence can be avoided in this case.”
The sheriff ruled due to Henderson’s lack of offending, his early guilty plea and health issues, a non-custodial sentence was appropriate and placed him on a 7pm to 5am curfew for 12 months.
He must also pay the DWP £1,800 in compensation.
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