Crime Solicitors

A 60-year-old woman who claimed she could barely walk has pleaded guilty to benefit fraud charges, after being spotted exercising at her local gym – and despite saying her doctor and physiotherapist had told her to take as much exercise as possible.

Anne Bird claimed more than £21,000 in benefits she was not entitled to, after telling the Department of Work and Pensions (DWP) she had problems walking and getting dressed.

However, she was discovered circuit training at the local gym by investigators who covertly filmed her.

Despite claiming to have osteoarthritis which entitled her to the highest level of benefits, including personal care for help with washing and dressing, Ms Bird was filmed doing aerobics, Pilates and spinning classes as well as circuit training at Bloxwich Leisure Centre in the West Midlands.

Benefit investigators also witnessed Ms Bird doing sit-ups while balancing on a fitness ball – and repeatedly carrying out arm and leg stretches in another session.

She had been laid off from work as a postwoman with the Royal Mail in 2008 after she developed a degenerative condition.

At Walsall Magistrates’ Court, Bird from Pleck, near Walsall in the West Midlands admitted making a false declaration on benefit claims forms.

The court heard that a doctor had confirmed that Ms Bird had osteoarthritis and that she required help to bathe and dress – and needed help with walking.

She then applied for a higher rate of Disability Living Allowance, claiming she also had problems with her hips and knees. Her osteoarthritis condition is confined to her legs and she has rheumatoid arthritis in her hands, however.

Ms Bird received an overpayment of £21,900 in benefits as a result of her disability claims.

The DWP was advised that between October 2006 and August 2012 Ms Bird had been attending and taking part in group activities at Bloxwich Leisure Centre, which included Pilates and circuit training sessions. Later she added aerobics to her gym regime, the court heard.

Speaking on her behalf, her lawyer said she had repaid the benefits overpayment using her lump sum pension money and had borrowed the shortfall. The court heard that Bird was exercising on the advice of her doctor and physiotherapist, who had advised her exercise as much as possible. She is also receiving carer’s allowance for looking after her 62-year-old husband.

At first, Bird denied charges of two counts of making false claims for benefits, but then altered her plea to guilty. The court gave her a 12-month suspended sentence – and imposed a six-month supervision order with probation. The court also ordered her to pay £300 in costs and added a victim’s surcharge of £80.

An officer from the probation service said that Bird’s ongoing mobility issues and degenerative condition made her an unsuitable candidate for unpaid community service.

“She admits that on occasion she exercised more than she needed to do – and admits that she should have told the DWP about her improved health, as she would have been entitled to benefits, but less than she received. She is extremely remorseful of her actions.”

Duncan Lewis Benefit Fraud Lawyers

Duncan Lewis is a leading firm of benefit fraud lawyers and can advise at any stage of a charge for benefit fraud.

Duncan Lewis benefit fraud lawyers regularly visit police stations and courts and have offices across the UK – including four offices in London, so a member of the Duncan Lewis Solicitors benefit fraud team can reach you in 45 minutes.

For expert legal advice and representation on benefit fraud charges, contact Duncan Lewis solicitors on 020 7923 4020. For urgent legal advice or representation call the Duncan Lewis Emergency Hotline on 020 7923 4020.