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Plumber on £45,000 a year swindled almost £27,000 in benefits

Alistair MacLellan
Alistair MacLellan

A plumber who cheated taxpayers out of thousands of pounds in benefits has been jailed.

MS sufferer Alistair MacLellan was claiming the money despite being back at work and earning as much as £45,000 a year.

The self-employed bachelor swindled £26,804.58 from the Department for Work and Pensions before he was caught.

Yesterday, a sheriff told him the offence was so serious there was no alternative to a custodial sentence and jailed him for 12 months.

Inverness Sheriff Court was told by the 49-year-old’s lawyer that he had recently been diagnosed with multiple sclerosis.

Solicitor Duncan Henderson said MacLellan had repaid £11,000 and was going to rent out his home at £500 a month to clear off the balance in two-and-a-half years.

But Sheriff Margaret Neilson said this did not amount to “exceptional circumstances” which would have allowed her under previous case law to impose a non-custodial sentence.

She told MacLellan: “Despite the fact you are a first offender and your recent diagnosis, I have no option but to impose a custodial sentence in view of the amount involved.

“This crime is one of such seriousness only a significant custodial sentence is appropriate. But I will take into account your previous good character.”

MacLellan, of 9 Blackwell Road, Culloden, admitted failing to notify the Department for Work and Pensions (DWP) of the change in his circumstances, in that he had returned to work, and claimed £26,804.58p he was no entitled to between August 2008 and February 2013.

Fiscal depute Roderick Urquhart told the court at an earlier hearing: “He had claimed the benefit when he was unable to work.

“Then the DWP got information that he had capital in excess of the maximum allowed.

“Inquiries were made and it was confirmed that he not only had capital, but income as well.

“In one tax year of 2009-10, he had an income of £45,869. This was the highest figure during the period he continued to claim.

“Two of his suppliers were contacted and they confirmed that he was a customer around once a month, buying supplies for his business.”

Mr Henderson said: “It was a genuine claim but he did not notify them of his return to work.

“He is not in a position to immediately repay the sum but accepts it will have to be repaid, but it will take him a long time to do it. Repayments of £50 are being made but not against this. It involves other matters.”

A DWP spokesman said: “Benefit payments should go to those who really need them.

“We know it’s a small minority of people who commit benefit fraud, but deliberately not informing us of a change in your condition that may affect your claim is a crime.”