62-Year-Old Woman Narrowly Avoids Prison After Benefits Mix-Up

A grandmother from Teesside has recently been told that she will not face a custodial sentence, as a court case that has been hanging over her for years finally ended on 14 March.

Gillian Edwards is 62-year-old mother of three, who had been claiming a widowed mother’s allowance since her husband passed away. All seemed in order, and she continued to receive the benefit till 2014 when she dutifully informed the DWP that she and her new partner were buying a house together, and as they were entering a formal relationship with one another, she wished to end her claim.

The information she provided prompted an investigation by the DWP into her domestic arrangements over the previous years, which revealed she had been living with her new partner since 2002 and had therefore been fraudulently claiming the benefit for 12 years.

£80,000 paid back

In total, the DWP assessed that Mrs. Edwards had “defrauded the public purse” to the tune of £80,000. As someone who had spent a life working with disadvantaged people and had never been in any trouble with the law, Mrs. Edwards was understandably shocked. She was unaware that even though the relationship between herself and her new partner was “informal” it was still something she should have disclosed.

When the fraud was revealed, she explained to DWP investigators that she assumed her relationship was not something that would be of relevance to the DWP until she and her partner took the step of purchasing a house together.

Remarkably, she managed to repay the enormous sum almost instantly, thanks to the help of family and friends. Nevertheless, the DWP commenced a lengthy legal action, and the threat of a custodial sentence was very real.

A terribly sad thing

Image: Judge Euan Duff

Judge Euan Duff described the sight of this 62-year-old woman, with an impeccable record, standing in the dock as “a terribly sad thing.” Even though there had clearly been a misunderstanding, and Mrs. Edwards had repaid the money promptly, she was nevertheless found guilty of committing fraud.

The offense carries a possible sentence of two and a half years imprisonment, but in sentencing, the judge said: “I tell you straight away you are not going immediately to prison today.” He described the fact that she had repaid the monies as “hugely significant” and took her creditable character and unblemished reputation into account.

Ultimately, he imposed an eight-month sentence, suspended for 18 months, and sent Mrs. Edwards on her way, with the words: “I’m perfectly sure that you will resume the creditable life which you’ve led, and you’ll not be back again.”

Always report changes

Mrs. Edwards is not the first person who has failed to report a change in circumstances and will certainly not be the last. The vast majority of cases do not involve deliberate fraud or concealment, but simple oversight or the failure to understand how complex rules can be.

Perhaps the most sobering thought of all, though is this: What if Mrs Edwards had been unable to repay the money so quickly? Or what if she had a less than perfect record and had been in trouble with the police in her past for some unrelated minor offense? The chances are, she would be sitting in a prison cell today.

The moral of the story is that if you find yourself under investigation by the DWP, do not face it alone.

Advice from lawyers Hylton-Potts in case such as this, is, - that when dealing with government agencies, always take expert legal advice and let a lawyer represent you.

ABC Note: 'A man who is his own lawyer has a fool for a client'? This proverb is based on the opinion, probably first expressed by a lawyer, that self-representation in court is likely to end badly. The proverb was first used back in the eighteenth century. An early example comes in The flowers of wit, or a choice collection of bon mots, by Henry Kett, 1814.

Many thanks to lawyers Hylton-Potts for bringing us this story. You can contact  Hylton-Potts on: Tel: 020 7381 8111  Email:  This email address is being protected from spambots. You need JavaScript enabled to view it. or click on the link below: