A MAN who fraudulently received six years’ worth of benefits having failed to declare his true capital status is now faced with having to sell his house to repay the state.

Judge Christopher Prince deferred sentence on Malcolm Hockaday for almost six months to allow him to put his home, in Burnhope, County Durham, on the market.

He told the defendant that if he was successful in selling it, and, therefore able to repay his benefit overpayment of £29,000 from the proceeds of that sale, it may have, “an effect” on the ultimate sentence passed.

Durham Crown Court heard that the 54-year-old defendant admitted three counts brought under the Fraud Act of failing to disclose accurate details of his capital to obtain benefit, when he appeared before magistrates last month.

The charges spanned a period from November 12, 2009, to October 15, 2015, and included false declarations to obtain income support, which was superseded by employment support allowance, plus housing and Council Tax benefit.

Paul Currer, prosecuting, said the false declarations were made to the Department for Work and Pensions and to Durham County Council.

“The defendant’s overpayment amounted to £29,000, during that period.

“In essence, it’s because he failed to declare capital assets he had due to the purchase of a house.”

Judge Prince asked if the defendant still has assets.

Christopher Wood, for Hockaday, told the court: “His assets were obtained through the benefits of his gambling addiction and money saved, and used to purchase the house.

“It’s tied in with the property he purchased.”

But Mr Wood said since it came to light, the defendant has been paying back almost £140 a month.

He asked Judge Prince to adjourn sentencing for the preparation of a background report on his client, as he told the court he suffers with medical and mental health difficulties.

Asked by Judge Prince about the defendant’s ability to pay back the outstanding money to the state, Mr Wood said: “Other than his house, he clearly has nothing.

“He lives almost as a hermit, socialises with no-one and only has his house.”

Judge Prince replied: “It may be in his name, but it’s from money stolen from the public.”

He deferred passing sentence until Friday, May 19 and bailed the defendant to his address in Whitehouse Avenue, Burnhope.