Benefit cheat avoids prison because of health problems

2:36pm Wednesday 9th January 2002

A Borehamwood man's failing health kept him out of jail on Friday after he claimed more than £10,000 in benefits which he was not entitled to.

Richard Harris, aged 53, from Canterbury House, Borehamwood, spent more than two years delivering newspapers for a shop in Shenley Road while claiming benefits meant for unemployed people.

He pleaded guilty to claiming £10,367 in benefits to which he was not entitled and was sentenced at Watford Magistrates Court on Friday. Magistrates told him that if he had not been ill, they would probably have sent him to prison.

Mr Harris suffers from a degenerative bone disease, and the court was told it could not send him to jail, because his health was too poor. He was also unable to carry out community service, as he would have become an insurance liability.

"I find it unacceptable for you not to be able to do a punishment fit and proper for your crime, but we have to accept the report of the doctor," said magistrate John Oakley-Smith.

"We are therefore going to make a community rehabilitation order for the period of 18 months," he added.

Mr Oakley-Smith said he had considered imposing a fine, but because Mr Harris' crime was so serious, the amount would have been too large for him to repay.

Hertsmere Borough Council uncovered Mr Harris' fraud last February after receiving an anonymous tip-off. He admitted that he had been working while claiming Housing Benefit and Council Tax Benefit.

He said he knew what he had been doing was wrong, and that he wanted to pay the money back. The council now plans to claim the money back from him.

Mr Harris delivered newspapers for Shenley News and Convenience, a shop in Shenley Road, Borehamwood, earning around £140 per week. He also earned around £900 for a single week's work as a freelance film technician at Ealing Studios.

At the hearing, his defence solicitor said that he already owed thousands of pounds to various loan companies, including a debt of £25,000 to a mortgage company over a property he had once owned, which had been repossessed. Mr Harris admitted he was guilty as soon as he was discovered, and he had since gained full-time employment, and was no longer claiming any benefits.

Hertsmere is one of several councils around Britain taking part in a new Government scheme which encourages the prosecution of people caught illegally claiming benefits. To report benefit fraud telephone the council on: 020 8207 7428.

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