A Perthshire man who admitted fraudulently obtaining more than £16,000 in benefits over the course of almost two years has narrowly avoided a prison sentence.
Perth Sheriff Court on Wednesday heard 63-year-old Matthew Nisbet had paid back the sum in its entirety thanks to the generosity of his employers, who had been willing to lend him the money.
That played a significant part in Sheriff Lindsay Foulis’ decision to order Nisbet to carry out the maximum 240 hours’ community service rather than jail him.
He had previously warned that new guidelines from the High Court recommended a significant custodial sentence in the region of nine to 12 months for sums around that were fraudulently obtained by the accused.
Depute fiscal Katie Pacholek told the court that Nisbet, who earns around £35,000 a year, had been obtaining pension credit, council tax and carer’s allowance payments to which he was not entitled.
She said, “The accused made a claim to the Department for Work and Pensions for assistance and completed documentation to say that he was not working.
“Investigations by the department later revealed that he had been employed since March 1, 2008, and had also failed to disclose that he was earning over the prescribed limit for carer’s allowance.”
Nisbet, of Westacre, New Fowlis, admitted that between March 1, 2008, and December 6, 2009, at his home address, he failed to tell officials at the Department for Work and Pensions and Perth and Kinross Council that he was in full-time employment with Vencomatic UK Ltd and thereby obtained pension credit and council tax benefit of £12,062.61 to which he was not entitled.
He also admitted that between March 25, 2008, and December 6, 2009, he failed to give notification to the Department for Work and Pensions Disability and Carers Service that he received earnings in excess of £95 and obtain carer’s allowance of £4535.75 to which he was not entitled.
Solicitor Cliff Culley said his client, a first offender, was “very concerned about what could happen to him as he understands the seriousness of the offence,” adding, “This was a serious oversight on his part.
“He was very grateful to get work and did not deal with the agencies to let them know that he was in employment.
“He did require to pay for people to care for his wife, who suffers from MS, throughout this period while he was working.
“He is willing and able to carry out an alternative to custody, such as community service. He has borrowed money in order to repay the amount.”
Sheriff Foulis told Nisbet, “Benefit fraud is a serious offence and that has been emphasised recently by the High Court, which has set out new sentencing guidelines. For the amount of monies you defrauded from the various departments over a period of two years those guidelines recommend a custodial sentence of around 12 months unless there are special circumstances.”
However, citing the fact that Nisbet was a first offender at 63, had made full repayment and that his wife suffered from a significant ailment and required his care, he added, “I am not in this instance going to impose a custodial sentence.
“I make that decision with a degree of hesitation.”