Kingston Council underlined its zero tolerance of fraud, with five prosecutions going to Court in just one morning last week.
Robin Knight of Kingston was sentenced to a three-month community punishment order. He was ordered to pay costs of £500 and will have to wear an electronic tag and comply with a curfew order. At a previous hearing Mr Knight had pleaded guilty to charges relating to £11,700 of Benefit fraud – where he failed to declare that his wife was working.
Sharon Glenn of Kingston pleaded guilty to the fraudulent retention of a Council Tax Single Person Discount. Ms Glenn failed to declare that her adult daughter had moved in with her. Ms Glenn had to re-pay the £1,420 overpayment and was fined £175. In addition, she had to pay the Council’s costs of £550 and a victim surcharge of £15.
Maqsood Farooqui of Surbiton pleaded guilty to three charges under the Fraud Act in relation to a false claim for a Council Tax exemption. Mr Farooqui provided forged student exemption certificates so that he could evade payment of Council Tax. He has now re-paid the £2,199.93 debt and was ordered to undertake 60 hours of unpaid work. In addition he had to pay £580 towards costs and a victim surcharge of £15.
Loseke Mundeke of Chessington pleaded guilty to charges relating to benefit fraud amounting to £40,000. The court declined to sentence and passed the matter to the Crown Court so that a custodial sentence of more than 12 months could be considered. Mr Mundeke’s former partner Veronica Muenga pleaded not guilty. Her case has also been passed to the Crown court for a Plea & Directions hearing on 14th July.
Commenting on these recent cases of fraud in the Royal Borough, Councillor Trevor Heap, Chair of the Council’s Audit Committee said:
“Kingston Council has an excellent track record of bringing culprits to justice. All of the above fraudsters have been found out and had their cases heard in public.
“All of these people now have criminal records. They all have to repay the money they fraudulently obtained, pay fines and costs as well as serving the sentences that have been passed by the Courts.
The Council is fully aware of its responsibility to protect the public purse. The vast majority of our residents work hard to pay for their local services and so it is vital that we continue to expose fraud and wrongdoing of this kind to ensure that our resources are directed at the services most needed in the Royal Borough.”
At Inner London Crown Court on 28 February 2011 Dionne May Scott (42) of Buckland Road in Kingston was given a 30 week custodial sentence – suspended for 18 months. She was also ordered to be tagged and to observe a night-time curfew in her home between 7pm and 4am for the next 3 months.
In 2004, the Defendant acquired a Lambeth property in Cricklade Avenue, South West London under the ‘Right to Buy’ scheme – declaring that she lived at this address. At the same time though, she actually occupied a Council property in the Royal Borough of Kingston as a secure tenant, and she was in receipt of benefits to pay the rent.
At the time she acquired the Lambeth property; Ms Scott failed to declare her secure tenancy in Kingston, and therefore obtained a £38,000 discount from Lambeth Council. Meanwhile, she also obtained over £7,300 in benefits from Kingston Council by failing to declare that she now owned a property in Lambeth.
All local authorities have fraud investigation teams and the two teams from Lambeth and Kingston worked together to resolve this case. On 31 January 2011, Ms Scott admitted making a false application to Lambeth Council and failing to declare a relevant change in circumstances to the Royal Borough of Kingston. She has also repaid the fraudulent benefits obtained.
His Honour Judge Burn stated that “Put shortly, in September 2004 you failed to declare your true circumstances and were overpaid benefits in a significant sum. That deception I am satisfied was deliberate and a custodial sentence is entirely justified... however it is perfectly clear much has changed, and at the time you committed these offences your background was difficult.” With three dependent children, the fact that she accepted her guilt immediately and appeared to be living a more stable life now with stable employment, the judge ordered the custodial sentence to be passed, but suspended.
Mary Tam, Kingston’s Head of Revenue and Benefit Services, said: “Kingston’s Counter Fraud & Corruption Unit has an excellent track record in bringing culprits to justice. We are determined to safeguard public funds and will work with all other law enforcement to accomplish this. It is not acceptable that some individuals steal from the public purse and with the help of Lambeth Council – we have identified and resolved yet another such case.”
Members of the public can help in our efforts, and I would urge anyone who suspects such fraud in the Royal Borough to call the Fraud Hotline on 020 8547 5700 or email investigations@rbk.kingston.gov.uk
A Kingston woman was recently prosecuted by the Royal Borough of Kingston after it was found that she had claimed benefits for several years to help with her rent and Council Tax, but had failed to declare that she actually held savings of over £25,000 when she first made her claim in 2002.
At Kingston Crown Court on Friday 9th July 2010 Wendy Doris Price of Coombe Road in Kingston pleaded guilty to an offence of dishonestly making a false statement or representation with a view to obtaining benefit. Despite repaying the £5,857.10 fraudulently obtained as soon as she was notified of the overpayment, Price was ordered to pay £3,000 towards the costs of the Prosecution as she had previously pleaded not guilty at Kingston Magistrates’ Court. She was also fined £1,000.
In December 2002 Wendy Price first made an application for Housing and Council Tax Benefit, but in 2004 the Council’s investigators found she had failed to declare a private pension. On that occasion Mrs Price was formally cautioned after she admitted that offence. She continued to claim part benefits however, and failed to mention anything about the undeclared savings. Mrs Price – as with all customers who are formally cautioned for benefit offences – was warned in 2004 that should she be found committing further offences in the future, the matter would be taken more seriously.
The second fraud was uncovered by Kingston Council when data matching against high interest bank accounts held by benefit customers led investigators to undertake further checks. It was subsequently discovered that when she had first made her claim to benefits in 2002, she had failed to declare significant savings that she could have used to pay her own rent and Council Tax. Furthermore, the circumstances were aggravated by the fact that after being formally cautioned in 2004 she failed to come clean about the savings.
The Judge in summing up said “You realise what you did was wrong but it has taken you quite a long time to accept it by pleading guilty. This has contributed to extra costs of the prosecution”. The judge further remarked that “what you did was very wicked.”
Mary Tam, Kingston’s Head of Revenue and Benefit Services, said: “This case goes to show that despite Mrs Price age at 67, the Authority will not hesitate to bring criminal proceedings where it is considered in the public interest to do so having regard to the facts. Age should not therefore be seen as a “get out of legal proceedings card”. Mrs Price was warned in 2004, but failed to declare her true circumstances once again. This sort of fraud costs the honest taxpayer money and we are determined to do all we can to prevent it, including prosecuting offenders.”
Over the last 12 months the Royal Borough of Kingston has once again been successful in tackling those who try to cheat the benefits system. Its dedicated Counter Fraud & Corruption Unit (CFCU) is committed to endeavouring to ensure that tax payers’ money only goes to those who are entitled to it, and to taking tough action against those who try to make fraudulent claims.
In 2009/10 12 benefits cheats were successfully prosecuted by the Council, a further 30 accepted formal cautions and a further 15 were issued with penalty fines. Sentences imposed by the courts included suspended sentences, fines and Community Orders – as well as awarding the Council costs. Moreover, a total of over £640,000 of benefits that had been falsely claimed was recovered, as well as six council homes.
Commenting on the successes of the last year, Mary Tam, Kingston’s Head of Revenue and Benefit Services, said: “It is outrageous that some people seem to think they can cheat the system by claiming benefit they are not entitled to. This costs the honest taxpayer money and we are determined to do all we can to prevent it, including prosecuting offenders. Members of the public can help in our efforts, and I would urge anyone who suspects such fraud in the Royal Borough to call the Fraud Hotline on 020 8547 5700 or email; investigations@rbk.kingston.gov.uk
Those prosecuted by the Council included:
As well as the sentences imposed by the courts, and always having to repay the benefit fraudulently claimed in full, all these individuals are now tarnished by having a criminal record.
On 16 March, officers from the Royal Borough of Kingston upon Thames’ Counter Fraud & Corruption Unit (“CFCU”) conducted a joint operation with Police officers from the Grove Safer Neighbourhood Team, NSL Civil Enforcement officers and officers from Kingston’s Parking Services section.
The team were targeting the misuse of the Disabled Blue Badge scheme. Blue Badges are available from the Council to persons with restricted mobility enabling them to park free within the borough and to use designated disabled spaces. 6 badges were confiscated during the exercise as they were being misused, while 2 people were arrested for the misuse for offences under the Fraud Act. One of the vehicles involved was seized by the Police for having no insurance. The exercise was conducted following complaints that students attending the university were parking in resident bays and Pay & Display bays then displaying the blue disabled badges, thereby avoiding payment and preventing others from using the bays. All of the drivers found to be misusing the disabled badges were issued with £60 Penalty Charge Notices – in addition to the potential prosecution of the 2 arrested drivers.
Sergeant Williams, from Grove Safer Neighbour Team, said: “The operation today has been an excellent example of the Partnership approach undertaken between the Grove Safer Neighbourhood Team and the Council’s Counter Fraud & Corruption Unit and Parking Services team.”
Roy Thompson, Kingston’s Director of Planning & Transportation, said: “I am really pleased at the success of this operation in tackling such an unpleasant form of fraud. This builds on the regular patrols NSL Civil Enforcement officers undertake in conjunction with the Police against badge misuse and the daily checks being made all over the Borough by our staff.”
Mary Tam, Kingston’s Head of Revenue and Benefit Services, added: “Kingston Council does not tolerate fraud or abuse of its services and its Counter Fraud & Corruption Unit works in partnership with agencies in detecting and stamping out fraud against the Council. As a result of the work this week we have confiscated 6 Blue badges, and helped remove an uninsured vehicle from the roads of the borough. We have also helped to free up the parking bays for use by honest members of the public.”
At Kingston Magistrates Court on Tuesday 4 August, a New Malden resident was handed a criminal record for two benefit fraud offences against Kingston Council.
Lynne Gillam (70) of Allan Close in New Malden lied on her application forms for Council Tax Benefit and dishonestly obtained over £4,000 in benefits to which she was not entitled.
Council Tax Benefit is a means tested benefit, awarded to residents in need of financial help and who cannot afford to pay their Council Tax. This benefit is paid for by tax payers and relies on a claimant truthfully declaring their circumstances. In this case, Mrs Gillam failed to tell the Council that she held significant savings in an undeclared bank account, and so was in a position to pay her Council Tax.
The Chair of the Bench believed that Mrs Gillam had learned her lesson by not filling in the forms correctly. He said that the starting point for sentencing was a community punishment penalty, but after giving credit for an early guilty plea, the remorse Mrs Gillam had shown, and her previous good character, the Court imposed a £100 fine for each of the two offences. Mrs Gillam is now repaying the £4,240.44 fraudulently obtained and in addition has to pay legal costs of £940.
Mary Tam, Kingston Council’s Head of Revenues & Benefits, said: “Mrs Gillam was invited on several occasions to explain her actions, but she declined to be interviewed, leaving Kingston Council with no choice but to instigate criminal proceedings. Had the claimant been interviewed and explained her circumstances in full, it may have been possible to use an alternative sanction. I would therefore advise anyone who has been asked to attend an interview to do so in order that we can take into account all of their circumstances before deciding what action to take. The bottom line is that if you lie and claim benefits to which you are not entitled, you will be found out and may well be prosecuted. Not only does this claimant have to repay her debt and court fines, but she now also has a criminal record.”
Mr Michael Shirley (60) now residing in Twickenham but formerly of Paragon Place, Surbiton, Surrey, KT5 8RF, was sentenced on 26 May 2009 at Kingston Magistrates Court for committing benefit fraud. He admitted that he had dishonestly obtained more than £13,000 in Housing Benefit over a period of 2 years between 2004 and 2006.
Mr Shirley had initially claimed Housing Benefit because he was unemployed and had a low income; however Mr Shirley started full time work on 12 March 2009 as a Security Officer at Kingston Hospital and he failed to tell the Council about his work. Mr Shirley went on to lie on two Housing Benefit application forms during 2004 to 2006 as well as in two letters to the Council, stating that he was not working.
Appearing before the Magistrates, Mr Shirley pleaded guilty to five charges of benefit fraud. The prosecution noted that Mr Shirley had not yet repaid any of the overpayment of housing benefit and that the dishonesty in this matter was clear.
The Magistrates then took into account Mr Shirley’s previous good character and his early guilty plea. Also the Magistrates heard that Mr Shirley had lost his job at the hospital and that he was almost certain to lose his current job too – following these convictions. The Magistrates passed a Community Order of 12 months with an order of 200 hours unpaid work. Costs of £860.00 were also awarded against Mr Shirley which he must pay back, along with the £13,411.34 fraudulently obtained. The Magistrates commented that hopefully this sentence means he will put something back into the community.
Kingston Council’s Head of Revenues and Benefit Services, Mary Tam, said: "This Authority does not tolerate benefit fraud and those who try to cheat the system will be tracked down and caught. When a benefit claimant fails to declare all their income, savings and assets they will eventually be detected. The Council carries out extensive checking in order to find benefit fraud and if suspected we can check bank statements, household bills and carry out surveillance in order that such antisocial behaviour is stamped out. Benefit overpayments resulting from a fraudulent claim have to be repaid in full plus costs granted by the Courts.
A Kingston woman who continued to claim benefits from an old address has been sentenced to six months community punishment and a night-time curfew that will be monitored by electronic tag.
At Kingston Magistrates Court on 14 October 2008, Sally Wilson pleaded to four offences of dishonestly making a false statement or representation with a view to obtaining benefit. After repaying all of the fraudulently obtained benefit, Sally Wilson, 57, received a six month Community Punishment Order and was ordered to pay £825 towards the costs of the Prosecution. The evening curfew is between 7:00pm and 4:30am.
In 2003, Sally Myant re-married, left her Council-owned flat in Cambridge Gardens, Kingston and moved to a new address in Villiers Avenue, Surbiton using the name Sally Wilson. However, she continued to claim benefits using her former name, from her previous address, in an effort to allow her family to continue living in the property rent- free.
The fraud was uncovered by Kingston Council when a new claim for Benefit was made by Sally Wilson from the Surbiton address and cross-referenced with the one from the Kingston address. Sally Wilson was not awarded benefit at the Surbiton address and was found to have been overpaid £5,000 for the claim from the Kingston address.
Mary Tam, Kingston’s Head of Revenue and Benefit Services, said: “Kingston Council does not tolerate benefit fraud and those who try to cheat the system will be tracked down. Myant has been caught stealing public money intended for the most vulnerable members of society. We are determined to safeguard the funds available for genuine claimants and our Fraud Team has an excellent record of bringing offenders to justice. If benefit fraud is suspected we can undertake a number of checks including surveillance, to stamp out such antisocial behaviour. Anyone found fraudulently claiming benefit will have to repay the entire amount overpaid in addition to any court costs.”
A New Malden woman who fraudulently obtained nearly £78,000 in benefit payments from two Royal Boroughs has been sentenced to 18 months imprisonment.
Massoud Far, 52, (who also used her maiden name of Ardakani and her first married name of Zafar), committed benefit fraud against the Royal Borough of Kingston upon Thames between 1994 and 2001 and was paid £43,635.53 to which she was not entitled. She then moved address and went on to fraudulently claim £34,269.62 from the Royal Borough of Kensington and Chelsea between 2001 and 2003.
On 31 July 2008, following a nine day trial at Kingston Crown Court, a jury convicted Massoud Far on five counts of dishonestly making false statements in order to claim benefit and one count of dishonestly failing to declare a change in circumstances during an existing claim. The Court ordered several further counts lay on court file where the jury was unable to reach a verdict.
After an adjournment for pre-sentence report, His Honour Judge Jones sentenced Massoud Far on 3 September 2008 to 18 months custody - because she failed to declare on her applications for benefits that she was the legal owner of 21 Laburnum Grove, New Malden, which at certain times she had let out for rental income.
The Judge stated that, in his judgement, for a fraud of this type committed over a period of nearly 10 years and resulting in an overpayment of over £77,000 the appropriate sentence was thirty months imprisonment. However, in view of mitigating circumstances - she repaid some of the overpaid benefit before the proceedings and by the time of sentencing, she had made arrangements to repay a further £71,000, he considered justice would be done if he reduced the sentence to 18 months for each of the six offences.
Mary Tam, Kingston’s Head of Revenue and Benefit Services, said: “This is a very successful outcome for our Benefit Fraud Team who worked closely with the Royal Borough of Kensington and Chelsea. This has been a lengthy and complex investigation but Kingston Council takes a tough line and our Fraud Team has an excellent track record of bringing offenders to justice. The outcome of this crime should send a very clear message that fraud simply does not pay – Massoud Far has been punished with a prison sentence and has to repay the overpayment in full. Anyone who is actively committing, or is thinking about committing fraud needs to know that the Authorities will catch up with them and they risk prosecution. We are determined to safeguard the funds available for genuine claimants.”
Councillor Thomas Fairhead, Cabinet Member for Finance, Royal Borough of Kensington and Chelsea, said: “This fraud cost honest taxpaying residents from two boroughs a lot of money. It is important for the public to see that we work together to combat this sort of theft. This sentence sends out a firm message to anyone thinking of falsely claiming benefits that we will not let them get away with it.”
This conviction results from close collaboration between the two Royal Boroughs, in conjunction with the Metropolitan Police and the Asset Recovery Agency (now part of the Serious and Organised Crime Agency -‘SOCA’), who investigated the financial affairs of Massoud Far in connection with confiscation proceedings. In these proceedings the Court will be asked to order that Massoud Far pay back all the financial benefit she has obtained from her criminality. The Court will hear the confiscation application on 18 December 2007.
On Monday 22 October 2007, Kingston Council's Benefit Fraud Team successfully prosecuted 70 year old Pamela Freeman of Acre Road, Kingston upon Thames, Surrey, for Benefit Fraud.
Mrs Freeman falsely claimed over £9,300 in Housing Benefit, by failing to declare a substantial inheritance, during her ongoing claim to benefits.
Mrs Freeman appeared at Kingston Magistrates Court on 22 October 2007 and pleaded guilty to two counts of Benefit Fraud. The Court noted that Mrs Freeman had cooperated fully with the investigators, offered an early Guilty Plea and had some exceptional circumstances in her case, and decided that a two year conditional discharge was sufficient sentencing in this case. This means that if Mrs Freeman commits any further offence within two years, the Court when sentencing for the new offence will review the sentence imposed in respect of the Benefit Fraud and may impose a more serious sentence.
As well as having to pay back the fraudulently obtained Benefit, Mrs Freeman was also ordered to pay £500 towards prosecution costs.
This investigation marks the success of Kingston Council's Benefit Fraud Team and should be seen as a warning to anyone committing benefit fraud, that it will not be tolerated.
Mary Tam, Head of Revenue and Benefit Services at Kingston Council said: "The message to those tempted to steal from the public purse is that there is now more chance than ever of being caught. The government is extending the role of data matching across government departments and will shortly be covering new areas such as single person discounts. In addition Kingston’s Benefit Fraud Team has been allocated more resources to deal with fraud detection. Therefore if anyone is committing benefit fraud or is tempted - be warned you face being caught, prosecuted and named and shamed as well as having to pay back all the benefit overpaid and you may incur costs."
The public can help by calling the anonymous benefit hotline on 020 8547 5700.
In July 2006, Ms Ruby Virk of Haygreen Close in Kingston Upon Thames was found guilty by a jury at Kingston Crown Court of 11 counts of Housing and Council Tax Benefit fraud. Ms Virk had inherited over £90,000, which she used to buy a property in Sutton in early 2003 – which she then let to a tenant for rental income. Later in 2003, Ms Virk purchased 2 further properties in the Kingston Borough and went on to let her second property to another tenant for further rental income, whilst she moved into the Haygreen Close property herself.
Ms Virk was subsequently sentenced to 200 hours of Community Punishment and ordered to repay the stolen benefit, as well as substantial prosecution costs to cover the Crown Court trial – at a grand total of £22,300.
Unhappy with the outcome of the case, Ms Virk tried to appeal against both the conviction and her sentence but, the ‘Court of Appeal’ refused Ms Virk permission to appeal – stating that the conviction and sentence stand. Ms Virk has now fully paid the prosecution costs of £11,150 and has also now paid back all the Housing and Council Tax Benefit that she fraudulently obtained.
Mary Tam Head of Revenues and Benefits said: “When a benefit claimant fails to declare all their income, savings and assets they will eventually be detected. The Council carries out extensive data matching with central government records together with other proactive measures in order to detect benefit fraud. Benefit overpayments resulting from a fraudulent claim have to be fully repaid which Ms Virk has now done.
"Should anyone consider committing an offence they are warned they face being caught, prosecuted and named and shamed. Our benefit fraud team has an excellent track record of bringing culprits to justice and this is another successful outcome for them.”
On Friday 23 February 2007, following a 3 day trial, 62 year old Roy Martin of Bailey Crescent, Chessington, Surrey, was found guilty at Kingston Crown Court of 4 counts of Housing and Council Tax Benefit Fraud.
Mr Martin first came to the Council’s attention through the National Fraud Initiative – a data matching exercise which identifies discrepancies in benefit claims. It was discovered that Mr Martin, who had been in receipt of Housing and Council Tax Benefit since July 1997, had failed to declare a private pension income from a former employer.
An investigation followed by the Royal Borough of Kingston Fraud Team which confirmed that Mr Martin had indeed failed to declare this pension to the Council, however further enquiries also revealed that Mr Martin had in fact failed to declare a second private pension from another former employer, as well.
At the trial before Kingston Crown Court, a Jury of 12 men and women found Mr Martin guilty of dishonestly failing to declare the two pensions, from May 2001. Mr Martin will now have to pay back over £16,500 in benefits that he was overpaid as a result of his failure to disclose the pensions.
On Wednesday 21 March 2007 the Judge, Recorder Parker, told Mr Martin that immediate imprisonment was an option, but that on this occasion, his failing health, previous good character and other mitigating circumstances constituted exceptional circumstances justifying a suspended sentence. He therefore imposed a 6 months prison sentence suspended for 2 years. If Mr Martin commits any further offence during that 2 year period the term of imprisonment may be activated.
Mary Tam Head of Revenues and Benefits said: "When a benefit claimant fails to declare all their income including private pensions, they will eventually be detected. The Council carries out extensive data matching with central government records together with other proactive measures in order to detect benefit fraud. Benefit overpayments resulting from a fraudulent claim have to be fully repaid and Mr Martin will have to repay the £16,500 to which he was not entitled. Should anyone consider committing an offence they are warned they face being caught, prosecuted and named and shamed. Our benefit fraud team has an excellent track record of bringing culprits to justice and this is another successful outcome for them."
A woman found guilty of benefit fraud was sentenced to 200 hours community service at Kingston Crown Court on Friday.
Ruby Virk, of Haygreen Close, Kingston, was also ordered to pay £22,300 towards the prosecution and defence costs of the trial. She had previously been found guilty by a jury on 28 July 2006 of 11 counts of Housing and Council Tax Benefit fraud following a five-day trial.
A Kingston Council Revenues and Benefits officer discovered Virk had become the owner of a property in Haygreen Close but was still claiming Housing and Council Tax Benefit at another address in the borough. A six-month investigation revealed she had inherited more than £90,000, which she used to buy a property in the borough, letting one and moving into the Haygreen Close property herself.
Throughout this time, she was claiming Housing and Council Tax Benefit based on receipt of Department of Work and Pension benefits and a very low income. She made false statement on application forms and failed to inform the Council about her inheritance, her properties, or any changes in her circumstances.
Virk was overpaid £16,480.90 in housing benefit and £1,374.46 in Council Tax Benefit, although she has now paid all of this back.
Benefits claimant Lisa McCallum appeared before His Honor Judge Binning at Kingston Crown Court, charged with five counts of falsely obtaining benefits in excess of £60,000.
In giving her a "handsome deduction" for her plea of guilty, the fact the she may have been entitled to some benefits and the delay in bringing the prosecution to court, the Judge said a custodial sentence was the only appropriate one to give and sentenced McCallum to 15 months imprisonment. She will serve half the sentence.
This was a joint prosecution with the DWP.
A Surbiton woman has been sentenced to 150 hours community service after admitting £13,000-worth of Housing Benefit fraud.
Diane Craney, 52, from Surbiton Hill Park, claimed benefit as an unemployed person even though she had started working in a pharmacy. She will have to repay the money after pleading guilty to three charges of benefit fraud at Kingston Crown Court on Friday March 24. She admitted obtaining more than £13,000 in Housing and Council Tax Benefit between 2001 and 2003. Craney claimed the benefits initially because she had been made redundant and was unemployed and she had no savings or source of income, which in fact she did.
Head of Revenue and Benefit services, Mary Tam said, "When a benefit claimant is working without declaring those earnings to the benefit office, they will eventually be detected. The Council carries out extensive data matching with Government records together with other proactive measures in order to detect benefit fraud. Benefit overpayments resulting from a fraudulent claim will have to be fully repaid and Ms Craney will have to repay the overpayment in full. This is a successful outcome for the Council’s investigation team and their hard work was recognised by the court.”
Craney was ordered to pay £750 costs.
Threats that benefit cheats will not be tolerated were issued last week after a 27-year-old New Malden man was prosecution for falsely claiming Housing Benefit.
Kieron Gordon, of Sussex Place, New Malden, pleaded guilty to claiming around £800 fraudulently by failing to notify authorities of a change in his circumstances. He escaped a serious penalty at the hearing on August 15 and received a six-month conditional discharge.
A spokesman for Kingston Council’s Housing Benefit fraud team said the case highlighted that benefit fraud would not be tolerated.
Greater powers mean that people’s bank accounts, utility bills and telephone bills can be checked to catch out cheats.
On Tuesday 14 December 2004, Mr Anthony Ryan and Mrs Nicola Ryan appeared before the Kingston upon Thames Magistrates' Court in respect of benefit fraud allegations.
The allegations against Mr Ryan were that he had failed to give prompt notification of 2 changes of circumstance during an ongoing benefit claim. Mrs Ryan was charged with failure to give prompt notification of a change of circumstances during an ongoing benefit claim and submitting a further application for benefit after the change had occurred, but failing to disclose the change of circumstances.
Both Defendants pleaded guilty at the previous hearing (22 Novermber 2004) when the case was adjourned for pre-sentence reports to be prepared by the Probation Service. The reports recommended a combination of conditional discharge and a compensation order, given the fact that neither Defendant has a permanent address and consequently, the usual community punishment order was not considered appropriate by the Probation Service. The Court heard that the Authority does not seek compensation orders in benefit fraud cases, but seeks to recover overpaid benefit by direct deduction from ongoing benefit in the first instance.
The Court ultimately decided that each Defendant would receive a three year conditional discharge. This means that if either Defendant commits any further offence within the next three years, the Court when sentencing for the new offence may review the sentence imposed in respect of the benefit fraud offences and impose a different and perhaps more serious penalty.
The Court also ordered each Defendant to pay £150 towards the Prosecution's costs. In view of the Defendants' limited means, they were ordered to pay at the rate of £2.50 per month, the first payment being due on 17 January 2005. The Court however wished to review the repayment rate since Mr Ryan indicated that he had been offered a job as a bus driver, subject to living in permanent accommodation. The Court therefore ordered him to return to the Court for a review hearing on 7 March 2005.
The Royal Borough of Kingston upon Thames brought about a successful prosecution at Kingston upon Thames Magistrates’ Court on 7 December 2004 when Sarbjit Singh Billan (37) of Blagdon Road, New Malden, Surrey pleaded guilty to eleven allegations of Housing and Council Tax benefit fraud, over a five-year period.
Housing and Council Tax benefits are means-tested benefits payable to people on a low income, to assist with their housing costs. Claims are made to the local authority by way of an Application Form, that requires the applicant to provide details of their names, address, employment, income, capital, out-goings, dependants, partners and relationship to the Landlord. The claimant must then sign a declaration at the end of the form, confirming that the information they have given is correct and complete and further that they will notify the authority of any change in their circumstances which may affect their entitlement to benefit.
On the six application forms submitted to the Council by Mr Billan’s between 23 November 1998 and 30 October 2003, he stated that he had rented a property at Blagdon Road, New Malden, and paid rent to his landlord each month.; Mr Billan also submitted five false documents to the Council in support of his applications, including three fictitious Tenancy Agreements stating that his Landlord was Mr G Singh” and he requested that the benefit be paid directly to the landlord. In all, Mr Billan received the sum of £15,527.77 in Housing benefits before enquiries made by the Council’s Housing Benefit Fraud Investigators proved he owned the property at Blagdon Road. Also, whilst continuing to claim benefits, Mr Billan had purchased a further property in Sheen Road, Richmond for £250,000 with a mortgage. He then rented this property out but had failed to declare it on the last two applications.
In Mr Billan’s defence, a Psychiatrist’s Report was submitted to the court detailing how Mr Billan had been victim of a very serious assault in 2000: in addition, the court heard that Mr Billan had paid the Council back, in full, for the benefit he had received. His counsel Mr Vermasaid said that Mr Billan is now in a new relationship in Estonia; and that he is building a business and life for himself there.
Despite this, the Bench, before sentencing Mr Billan said, "We have read the [Pre-Sentence] report and taken into account what is said, the psychiatrist report, your guilty plea and the repayment of the benefit. The money you took represents a very serious offence. It was pre-meditated over a considerable period and you have a history of dishonesty. With this in mind, the only sentence we can pass is custodial."
The Court then sentenced Mr Billan to five months imprisonment for each of the first two offences to run consecutively (i.e. 10 months), and a further 5 months for each of the remaining nine offences to run concurrently.
A benefit cheat from New Malden who pleaded guilty to six charges of fraud was given a 240-hour community punishment order last week. Paul Sharp, 45, of Lincoln Road, pleaded guilty at Kingston Magistrates Court on 19 July 2004 and appeared there on 10 August 2004 for sentencing.
The court heard he had claimed more that £14,000 in housing benefit and income support from October 2001 to February 2004. During this time, incestigators found Sharp was working as a self-employed labourer for a company in Twickenham, but he never declared the money he earned because he knew the benefits would stop.
His 240-hour sentence is the maximum penalty.
The investigation was the result of a successful partnership between Kingston Council and the Department for Work and Pensions.
A benefits cheat teacher from Kingston has admitted taking thousands of pounds from the borough’s coffers.
At Kingston Magistrate's Court last Tuesday (9 March 2004) Matthew Jolugbo, 40, of Homersham Road, was sentenced to a 160-hour community punishment order after ringing up more than £6,000 in fraudulent benefit claims.
Despite the conviction, Acton High School in West London has not sacked Jolugbo and the local education authority has only launched an internal investigation following his conviction.
Kingston Council helped to catch the fraudster after local officials became suspicious if his benefits claims and contacted the Audit Commission’s National Fraud Initiative. An investigation revealed Jolugbo was working at Acton High School but claiming benefits from Kingston Council.
At court, the teacher was ordered to pay the council £300 and the Government’s Department for Work and Pensions (DWP) £100.
While working at Acton High School, Jolugbo was claiming Job Seekers allowance, Housing Benefit and Council Tax Benefit. Half of the £6,000 he claimed was Kingston Council cash. He pleaded guilty to the charges in February 2004.
A spokesman for Kingston council said, We have always taken a tough line on fraudsters and we would urge people to report any frauds they know about to us. We will continue to work with partner agencies to stamp out attempts to obtain benefits by fraudulent means and will prosecute when fraudulent claims are identified.”
Minister for fraud, Chris Pond, said, The DWP, in partnership with local authorities, is taking action against more fraudster than ever before. In 2002/2003, there were more than 32,000 prosecutions and sanctions. That’s an increase of nearly 50 per cent in just three years. Closer working with our partners means we know where and when people try to commit benefit fraud. Cheats should be warned – we’re on to you.”
Action High School refused to comment. But a spokesman for Ealing Local Education Authority said, We take this extremely seriously and are working with the school in dealing with the matter concerning this teacher. We will be taking the necessary appropriate action against the teacher, once we have received and reviewed all the facts relations to him in this particular case.”
A Tolworth man appeared in court in January 2004 charged with Housing Benefit fraud. Mr Subodh Kumar Paul, aged 71, of Raeburn Avenue, Tolworth, appeared at Kingston Magistrates Court, and pleaded guilty to one charge of making a false declaration on a Royal Borough of Kingston Housing Benefit application form.
Due to his age, guilty plea, the fact that no benefit was actually paid, and his previous good character, Paul was given a 12-month conditional discharge, with an order to pay all the prosecution’s costs of £625.
The chairman of the bench stressed the seriousness of the matter, adding that had housing benefit been awarded, Paul would have received a substantial amount of money. It was further stressed that should be appear before the court again within 12 months, he would be severely dealt with regarding this matter.
A spokesperson for the Housing Benefit assessors and fraud team investigators, said: We continue to be vigilant in the fight against benefit fraud in Kingston. We work close with colleagues in partner organisations, including the police, the Department for Work and Pension, Customs and Excise, Immigration and others, to ensure that those intent on committing benefit fraud in Kingston are brought to justice.”