Published: Thursday, 4th February, 2010 8:59am

Townhill man claimed £16,000 in benefit while working as painter and decorator

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A TOWNHILL man who conned the Department of Work and Pensions of £16,000 in incapacity benefits has escaped with a community service sentence.

Terence Doherty (54), of 51A Main Street, was sentenced to 16 months of community service at Dunfermline Sheriff Court yesterday (Wednesday).

He admitted that between 21st September 2003 and 3rd December 2007 he pretended to the DWP Jobcentre Plus in Foundry Street, Dunfermline, that he was incapacitated and unable to work in gainful employment and had not worked since June 2000.

The charge added that he maintained this pretence throughout the period - when he was in fact carrying on business as a self-employed tradesman, thus obtaining £16,000 by fraud by inducing the DWP to pay him incapacity benefit.

Depute fiscal Marie-Claire McCartney told the court that Doherty had claimed incapacity benefit on 24th September 2001 and declared his normal occupation was as a painter and decorator.

However, because of incapacity he had not worked since June 2000 and had asked that the incapacity benefit be backdated to 24th June 2001.

She added, "On 9th August 2007, information was received that he was working as a painter and decorator and on that basis he was interviewed.

"He admitted to receiving the incapacity benefit."

Asked if there was any explanation why he carried on claiming, Ms McCartney said, "He did describe some health problems which included MS and sleep apnea and explained that he had had a mild stroke.

"He was asked if his business continued after he put in his claim for incapacity benefit and he said he had tried to run it without him doing anything but that didn't work and finding money was impossible."

Solicitor Angela Fyfe said Doherty had "fallen on hard times due to his ill health" and was "working intermittently".

She added that he had "turned a blind eye" to what he was doing out of desperation and had accrued sizable debts about 10 years ago because companies which had contracted him had not paid him.

Ms Fyfe said, "He has expressed great shame and embarrassment.

"Clearly this offence will impact on his life for years to come."

The court was told that Doherty had remortgaged his house and had since paid back the £16,000.

In sentencing, Sheriff Valerie Johnston said, "You have come very close to a prison sentence.

"This was quite a long time to continue defrauding the people in this country, taking money you were not due when you were capable of working yourself."