A sheriff has accused the Benefits Agency of taking a “Dickensian” attitude to claimants who found themselves starved into shoplifting for food to survive.
The Department for Work and Pensions (DWP) has defended its actions in the case of a 37-year-old man who has now been banned from every Tesco store in Dundee.
Martin McLanders of Strathmore Avenue, Dundee, was given a community payback order of one year by Sheriff Alastair Brown for the crime he committed at Tesco Extra on the city’s Kingsway on February 24.
He filled his trolley with foodstuffs, toiletries, household goods and pet foods and tried to march out of the store without paying before being stopped.
Solicitor Gary McIlravey said McLanders, who is in and out of prison on a regular basis, had been starving as his benefits had been stopped by the Benefits Agency.
McLanders and his girlfriend Yvonne Stewart, 32, hadn’t eaten properly for days and were at the end of their tether. That’s why they tried to steal the goods.
The Benefits Agency had sanctioned McLanders because he failed to turn up for appointments as he was in prison for a short time, meaning he would receive no money at all for a minimum of 12 weeks.
Sheriff Brown said he didn’t condone McLanders’ actions or those who shoplift, but he described the policy of the Benefits Agency as “Dickensian” as it was driving people back into reoffending.
The DWP say they have a well-established system of hardship provision for sanctioned claimants to ensure they are supported throughout the duration of a sanction.
Jobseekers Allowance (JSA) hardship payments made to claimants are not recoverable and those eligible normally receive 60% of their JSA personal entitlement allowance for the period of the sanction.
A DWP spokesperson added: “It’s only right that people claiming benefits should do everything they can to find work if they are able, and the rules regarding someone’s entitlement to Jobseekers Allowance and what could happen to their benefits if they don’t stick to those rules are made clear at the start of their claim.
“Sanctions are only used as a last resort and anyone who disagrees with a decision can appeal.”
McLanders said he did not qualify for new hardship payments because he had reached the limit for these sums before his most recent spell in prison.