A Dundee benefits cheat who scammed nearly £18,000 by claiming she was a single mum has escaped jail.
Kim Whelan, of Pitkerro Road, was caught when investigators secretly filmed the father of her children living at their shared home.
The 31-year-old claimed housing and council tax benefit, as well as income support, amounting to £17,990.75 between January 2011 and December 2013 after lying to Department for Work and Pensions bosses.
Sheriff Alistair Brown told Whelan she only avoided prison because of the impact it would have had on her two youngest children.
He instead ordered her to repay £10,000 to the Department for Work and Pensions and imposed a nine-month restriction of liberty order, confining Whelan to her home address between 7pm and 7am daily.
Whelan pleaded guilty that between January 24 2011 and October 27 last year, at her home address, she claimed £8,760.27 worth of housing and council tax benefit she was not entitled to by failing to declare that Scott Barr was living with her.
Whelan further admitted that between March 3 2011 and December 12 last year she claimed £9,230.48 worth of income support she was not entitled to.
Whelan, pictured, began claiming housing and council tax benefit in April 2008 after declaring she was single and living with a dependent child at Mauchline Place West.
Housing benefit was paid directly to the accused’s landlord and council tax benefit was paid directly to a Dundee City Council council tax account.
She began claiming income support in March 2011 which was paid directly into her bank account.
The department for work and pensions received information in July 2012 that, while claiming income support on the basis that she was a single parent, Whelan’s two youngest children, who were born just over a year apart, shared their father’s surname.
A probe was launched with bank, mobile phone and credit card records confirming Whelan shared her home with Scott Barr.
Video surveillance was then carried out, with Mr Barr filmed leaving the house each morning at around 7.30am.
Neighbours of the accused also told investigators they were aware of a family living at the Mauchline Place address consisting of an adult female, adult male and three children.
Solicitor Paul Parker-Smith said his client had begun making repayments which amounted to £840 so far.
Her rate of payment meant it would take 11 years to pay off the whole debt.
He added that Whelan was now living with her father but was still in a relationship with the father of her two children.
He said: “She has three children, one aged 14, one aged three and another aged two.
“She is making repayments.”
Sheriff Brown said: “The only thing that permits me to move away from prison in your case is the effect it would have on two very young children. It is for their sake and not for yours that I impose such a sentence.”