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A MOTHER who claimed £5,568 in benefits she was not entitled to has been struggling with depression and her daughter's behavioural problems.

Jane Graham admitted four charges of false representation after receiving overpayments in income support over a five-and-a-half year period.

The mother-of-one, of Norton, near Evesham, was claiming income support and child benefit as she was unemployed but when she began working again, in 2001, she failed to tell the Department for Work of Pensions (DWP) about the change in circumstances.

She was also receiving child maintenance payments for her nine-year-old daughter from her former partner, between 2001 and 2005.

After her working came to light was interviewed under caution by DWP staff in December 2006 and admitted working for Worcestershire County Council at Swan Lane First School, Evesham, and another firm during the time period.

Ruth Edwards, prosecuting, said Graham was interviewed again in January 2007 when it was discovered she had been working at the school for longer than previously admitted.

The interview was suspended when further evidence was uncovered of her working elsewhere and DWP officials had to interview her again on two further occasions, in March and June, before they could "get to the bottom" of the saga.

Mrs Edwards revealed Graham, who also receives a carer's allowance, already had £1,700 outstanding from a previous overpayment after she failed to declare maintenance payments.

On that occasion the DWP decided not to prosecute and the money now owed is being deducted from Graham's current income support entitlement.

Barry Newton, defending, said his client had pleaded guilty at the earliest opportunity having accepted she would have to "face the music."

He added: "She would have been earning £45 to £50 a week so it is not a case of avarice or greed.

"She previously suffered with depression and general malaise and these proceedings have caused her depression once more."

Mr Newton explained Graham had "her hands full" with her daughter's behavioural problems and to jail the 38-year-old would mean a "high risk" of the child having to go into care.

Worcester Magistrates handed Graham a 12-week sentence suspended for a year, ordered to do 180 hours unpaid work and pay £75 court costs, on Wednesday May 7.

8:33am Friday 9th May 2008

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