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Sheriff decides against jail for £20,000 benefits cheat

Dundee Sheriff Court.
Dundee Sheriff Court.

A woman who claimed £20,000 of benefits she was not entitled to over an 11-year period has been spared jail.

Alice Lam, 62, of Cardross Street, Dundee, was ordered to perform 260 hours of community service over 18 months by Sheriff Gregor Murray at Arbroath.

Sheriff Murray said he was persuaded not to send Lam to jail due to extenuating circumstances.

Lam admitted that between March 16 2001 and March 11 2012, on Steadfast Lane, Forfar, and Maule Street, Monifieth, she failed to disclose that she was living with her partner who was in receipt of earnings and pension income and obtained housing benefit and council tax benefit totalling £20,000 which she was not entitled to.

The court was told the money has now been paid back in full by a family friend of Lam, who initially appeared on petition in relation to the matter some months ago.

Lam had declared she was the sole occupant with her child, but inquiries got under way because her partner was financially linked to her address.

Depute fiscal Hazel Anderson said inquiries were made with neighbours who knew them as a couple and said his car was parked there regularly. When he was questioned, her partner denied they were a couple and said they were just friends and he stayed there two or three times a week.

Lam’s solicitor Brian Bell said: “I would admit the value of embezzlement is extreme.”

Mr Bell said his client was “vulnerable” and the death of her son in 1998 had a “significant” impact on her.

He said Lam was suffering from post-traumatic stress disorder which had not been diagnosed, but said she was extremely remorseful for her actions.

Mr Bell said: “She does accept that he provided income but there is no evidence of excessive living. She was driving an old Honda Civic and only went on two foreign holidays.”

Sheriff Murray told Lam: “A sum of that magnitude should warrant a substantial custodial sentence unless there are extenuating circumstances.

“This is not a case where you planned to defraud, the person was not a permanent resident, you have no previous convictions and the offence happened shortly after the death of your son.

“All of these factors affected your judgment.”