Crime Solicitors

A couple who fraudulently claimed nearly £40,000 in benefits by setting up a false claim have escaped a jail term because their nine-year-old son has a heart condition and needs care.

Toni Smith, 35, claimed income support and housing benefit as a single woman when she was actually living with her partner Andrew Verlander, 42.

The couple had claimed benefits as partners while living in Portsmouth, but in 2004 they moved to Swindon, where Smith claimed as a single woman. Verlander had written to the Department of Work and Pensions (DWP) claiming that Smith was his lodger. As a result they were given £280 per month in housing benefit.

Verlander had sold their previous home for £144,000 and after moving into their new home, Smith went to the Jobcentre to sign on as a single claimant at the same address as Verlander. She told the DWP she was renting a room from a friend called Andy Steele, however.

Verlander’s letter to the DWP was signed in the name Andy Steele and he claimed he was renting Smith a room for £280 per month as a business arrangement.

DWP officials launched an investigation in 2012, after it was discovered that Andy Steele was Verlander. Smith lied to DWP officials at first, but later admitted that Verlander had “put her up” to making the false benefits claim.

However, Verlander claimed that he had changed his name to “Steele” by deed poll ? and said that they were not a couple, adding that he “didn’t much like” Smith.

At Swindon Crown Court, Smith pleaded guilty to two counts of making a false representation to obtain benefits.

Verlander pleaded guilty to producing a false document to obtain benefits. The court heard he had not falsely claimed benefits himself. Verlander told the court that as he had recently inherited £37,678.57 from his late mother’s estate he would be able to repay the money Smith had wrongly claimed.

The court heard that as a result of the deception, Smith had received £23,915.52 in housing and council tax benefits ? and at least £13,763.05 in income support.

The couple began the deception after moving to Swindon because they had money problems and in 2005 had a son who had a heart condition.

The couple had originally moved from Reading to Portsmouth because Smith had been a heroin addict and they wished to try and change their lives. The couple had only spent the money they received from benefit fraud on day-to-day necessities and not on luxury items.

The court handed down eight-month sentences suspended for two years to both Smith and Verlander because of their son‘s ill health. They were also ordered to carry out 250 hours of unpaid community work.

Verlander was also ordered to repay £37,678 within 28 days or face a one-year jail term and pay £1,000 in costs.

Duncan Lewis Benefit Fraud Solicitors

Duncan Lewis benefit fraud solicitors can offer legal advice to benefit claimants facing charges of benefit fraud? including housing benefit fraud, Jobseeker’s Allowance fraud, child benefit fraud or fraudulent Income Support claims.

For expert legal advice on benefit fraud charges contact Duncan Lewis solicitors on 020 7923 4020.