A FORMER miner and postman who fraudulently claimed £13,000 of benefits avoided a jail sentence this week.

John Hamill, 58, of Wilson Street, Blairhall, will instead have to stay in his home between 7pm and 7am for the next 12 months after being placed on a restriction of liberty order.

He appeared for sentencing at Dunfermline Sheriff Court on Wednesday after pleading guilty to a charge that between September 2, 2013 and September 2, 2016, he made false statements or representations to the Department of Work and Pensions that he was not receiving or expecting to receive any income from a pension.

He was, in fact, in receipt of three pensions and obtained £13,000 of Employment and Support Allowance which he wasn't entitled to.

Solicitor Rosni Joshi described the offence as an "unfortunate scenario".

She told the court: "He had a very strong work ethic. He had been in employment all of his life, working from leaving school firstly as a miner for 22 years then as a postman for 11 years, then there was a significant deterioration in his health. 

"He was asked about money from other places. At the time, there were significant health issues. It is not used in any form as an excuse in so far as failure to declare money from his private pensions. 

"He accepts he knowingly made a false representation. He has been a law-abiding citizen for many years and this situation has been extremely distressing for him. 

"He fully accepts the serious charge and that it was a significant sum of money. He has been paying it back since April this year."

Sheriff Charles Macnair said the sum involved was substantial. "This was a fraud over a period of three years which you accept was a fraudulent claim from the outset," he said.

"Had you gone to trial, I consider this is a case where a custodial sentence would have been imposed. Because of your plea, I am prepared to deal with this by way of a non-custodial sentence but if you breach this order, the court will be left with no other option."

He placed him on a restriction of liberty order for 12 months where Hamill will be required to remain in his house between 7pm and 7am. 

A motion by the Crown for a confiscation order under the Proceeds of Crime Act was continued for three weeks for further investigations.