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Successful prosecution for Benefit Fraud

Castle Point Borough Council has today successfully prosecuted Miss Kerry Smith, 56, formerly of Linnet Drive, Benfleet

Miss Smith pleaded guilty to 3 offences of benefit fraud at Southend Magistrates Court .

Miss Smith claimed Housing and Council Tax Benefit from January 2006 and her claim was cancelled in November 2011 as an investigation revealed that she had never declared that she was related to both the owner of the claim address at Linnet Drive, Benfleet and to the director and company secretary of the managing agents, Advance Angle Ltd. The property was purchased to assist the family business and was not advertised on the open market for rent. Miss Smith did not have to pay either a deposit or the top up of rent and as a result arrears accrued and Miss Smith’s stepfather and managing agent did not, and had no intention to take action against her for the arrears. As such the tenancy was deemed to be non-commercial and contrived from the outset in order to take advantage of Housing and Council Tax Benefit. Her claim was cancelled back to January 2006 resulting in an overpayment of £33,230.93.

Miss Smith was sentenced to 8 weeks imprisonment on each count to run consecutively.  This was suspended for 12 months and she was also sentenced to 150 hours of unpaid work and the Council was awarded a Compensation Order for the full overpayment which is £33,230.93. This has to be paid in full within 56 days.

Council Leader Colin Riley said: “We will not take the soft option with people who commit benefit fraud and will take legal action where necessary. Fraud is not a victim-less crime. It affects everyone in the community if people are getting public money they are not entitled to.”

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Media Contact: For more information contact 01268 882427 or email media@castlepoint.gov.uk