Money saved from benefits caused benefit fraud

A “dedicated” mother who spent years saving up her benefit payments to help out her son has been ordered to pay back some of the money.

Kayann Phillips is a carer for her 23-year-old son and, instead of spending all the money she received in benefits, decided to save as much as she could each month.

After building up more than £50,000 in savings at one point she was convicted last year of benefit fraud. Now she has three months to repay more than £28,000 after being paid £72,517.04 she was not entitled to.

Her case was listed before Judge Jeremy Jenkins for an application under the Proceeds of Crime Act at Cardiff Crown Court on February 22.

When he sentenced her in November last year he said: “I find that this is an unusual case.”

The 55-year-old had denied six counts of benefit fraud but was found guilty by a jury following a two-day trial at Newport Crown Court.

Nuhu Gobir, prosecuting, said the charges related to the period between August 2011 and September 2017.

The court heard Phillips was “absolutely entitled” to claim the social security benefits.

In his sentencing remarks Judge Jenkins said: “Unusually you were not spending those benefits to the full extent, but you were saving part of the money you received. You were saving, I have no doubt, for a very noble purpose – to enrich your son’s life.”

The court heard the total overpayment was £72,517.04. On Friday a confiscation order was made for £26,843.91 for housing benefit and £1,487.52 for council tax benefit.

She has three months to make the payments and would have to go to prison for six months if she failed to pay.

The court heard her son has “considerable difficulties” and she has been caring for him since he was born.

Benefit claimants must inform the Department for Work and Pensions if they have savings. The authorities then make deductions according to the amount involved. Prosecutors said at one stage Phillips had more than £50,000 in savings but failed to declare them on her claim forms.

Judge Jenkins said: “As a result you were not entitled to the full benefits you continued to receive.”

At the last hearing, her barrister Clare Wilks described the circumstances as “unusual” and said the Probation Service found Phillips to present a low risk of re-offending.

Judge Jenkins said: “I find that this is an unusual case, albeit the charge of fraud is clearly made out.”

He noted the amount involved was “considerable” and said the forms made it “abundantly clear” the defendant should have declared any savings.

The judge described Phillips as a “dedicated” mother who had previously led an “unblemished” life. He added: “You are 55 and you have never before come anywhere close to getting into trouble.”

On that occasion Phillips, from Llanharan, Pontyclun, was given a 12-month prison sentence suspended for 12 months.

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