A WOMAN continued to claim disability living allowance despite becoming self-employed with her husband’s courier company, a court heard.

Joan Dodds is estimated to have been overpaid £18,499 after failing to declare her change in circumstances over a period of almost three-and-a-half years before the Department for Work and Pensions (DWP) became aware of the situation.

Durham Crown Court heard that she should have declared that her condition had improved affecting her right to the allowance or to the level she was receiving.

Nicholas Rooke, prosecuting, said Dodds appeared before magistrates in Consett, in March, charged with failing to declare a change in circumstances affecting her entitlement to Disability Living Allowance (DLA).

The 56-year-old defendant, of Eden Terrace, Stanley, denied the charge, but she was convicted after a trial before the magistrates, who committed the case to the crown court for sentence.

Mr Rooke told Thursday's (October 29) sentencing hearing that Dodds, of previous good character, was in receipt of DLA from February 20, 2008, until March 25, last year, on the grounds that she needed help to move around and for personal care.

“The allowance was paid by credit transfer to her Post Office account on the basis she would notify the DWP of her correct circumstances, or of any change which may affect her entitlement to benefit.

“She failed to declare a change in that her physical condition improved.

“The DWP investigation identified that she began self-employed work on October 25, 2010, assisting in a courier firm run by her husband.”

Mr Rooke said in that job she was expected to travel considerable distances without support or aids and work without supervision.

“Her regular duties were beyond the capabilities of a severely disabled person.”

When questioned she denied working in a full capacity or that her condition had improved, added Mr Rooke.

The court heard that apart from the overpayment, the costs of the case to the DWP were £965.

Vic Laffey, mitigating, said he discussed with his client that sentencing guidelines indicate she could be facing a prison sentence, given the amount of money involved.

But, Recorder Tim Roberts QC, intervened, saying: “That won’t happen today.”

Mr Laffey thanked the Recorder for giving that indication and added: “She has not been before the courts previously and the chances of her appearing again are virtually ‘nil’.”

Recorder Roberts imposed an 18-week prison sentence, suspended for a year, but ordered Proceeds of Crime inquiries to begin to see what level of confiscation order can be made from the defendant.

A Proceeds of Crime hearing will take place on January 29.