A pensioner who illegally claimed more than £40,000 in benefits while secretly working in Aberdeen bakeries has been spared a prison sentence.
Rose Shewan claimed a total of £41,383.20 in housing benefit and Employment and Support Allowance (ESA) she was not entitled to between 2013 and 2018.
The 65-year-old said she was unable to work due to ill health, but did shifts at two Aberdeen bakeries over the period.
She was eventually rumbled in 2018 after an anonymous tip-off to the Department of Work and Pensions and claimed in interview that “things had gone too far” for her to come clean.
Fiscal depute Dylan Middleton told Aberdeen Sheriff Court: “On March 30 2013, the accused claimed Employment and Support Allowance (ESA).
“On her claim form, she stated that she was unable to work due to ill health.
“She indicated that she had been widowed the previous year and was suffering from depression from bereavement, a heart condition and arthritis.
“On December 3 2013, the accused signed a Housing Benefit and Council Tax Benefit claim form declaring that she was not in employment.”
As a result, Shewan was awarded both ESA and housing benefit.
On July 21 2015, Shewan wrote to Aberdeen City Council and stated her husband had died in March 2012 and she had “not worked since his death”.
On April 26 the following year, she completed a “capability to work” questionnaire relating to her ongoing ESA claim.
Mr Middleton told the court: “She listed her health conditions and how they impacted on her at home and outdoors.
“She made no mention of being in employment.
“The various forms filled out by the accused included warnings that she must report all
changes in her circumstances, including gaining employment, to the Department for Work and Pensions (DWP) and Aberdeen City Council.”
In June 2018, the DWP received an “anonymous allegation” that Shewan was working for JG Ross Bakers in Aberdeen.
An investigation was opened and enquiries made with JG Ross confirmed that she had been employed as a bakery shop assistant since March 8 2018, working 17.5 hours a week.
‘It’s unlikely to ever be fully repaid’
The fiscal depute went on: “Further enquiries led the DWP to contact Thains Bakery of Aberdeen and they confirmed that the accused had been employed by them as a shop counter assistant from 12 August 2013 until 2 December 2017.”
She had worked an average of 30 hours per week in that role.
As a result of the investigation, the DWP and the council ceased benefit payments to Shewan.
In September 2018, she admitted working at the bakeries in an interview with DWP staff while under caution.
Mr Middleton said: “When asked if she had declared this work she replied regarding her employment at JG Ross that she had thought that she did not need to due to the number of hours and, of her employment with Thains Bakery, that she did not know how to report it.
“The accused stated that by the time she sent the letter to Aberdeen City Council in 2015, things had gone too far to admit that she had been working.
“She acknowledged that if she had declared her employment at the time then her ESA and housing benefit would probably have stopped.”
Between August 12 2013 and July 4 2018, Shewan claimed £26,371.94 in ESA payments she was not entitled to.
Value would ‘ordinarily justify a custodial sentence’
And between December 3 2013 and July 9 2018, she claimed £15,011.26 in housing benefit payments she was not entitled to.
Shewan, of Seaton Place East, Aberdeen, pled guilty to two charges of benefit fraud.
Defence agent Lynn Bentley said Shewan was a first-offender.
She said Shewan “simply was not able to cope with the grief and financial turmoil that resulted from her husband’s death”.
Ms Bentley said Shewan had a “long history of mental health problems that have never been treated or resolved”.
She said the mental health problems had been compounded by the death of her husband in 2012 and another family matter.
‘Genuine remorse’
The solicitor explained Shewan still worked whenever she was able, but lost her home recently and was living with friends.
She added that Shewan could be “extremely vulnerable” if sent to prison and that repayments of the ill-gotten money could continue if she was spared jail.
While some money has been paid back through deduction to benefits, Ms Bently added: “It’s unlikely to ever be fully repaid despite her best efforts.”
Sheriff Ian Wallace told Shewan: “You know this is a very serious offence – a very serious example of benefit fraud.
“The high value of benefits obtained would ordinarily justify a custodial sentence, but I’m satisfied I can deal with this by way of a non-custodial sentence.”
Sheriff Wallace said he took into account a number of factors including Shewan’s bereavement, mental health, “genuine remorse” and “otherwise good character”.
He added: “There’s been a limited amount of money paid back through the loss of benefits, and that will continue to be paid back.”
Shewan was handed 300 hours of unpaid work and 18 months of supervision as a direct alternative to a prison sentence.
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