A benefits cheat who conned taxpayers out of more than £40,000 has walked free from court after being told to pay back just £1.
Diane Halko was ordered to pay the nominal sum under Proceeds of Crime legislation despite ripping off the benefits agency for several years.
Halko, 56, told the Department of Work and Pensions she had a severe disability and could only go a short distance with the aid of a walking stick.
However, Halko was working for Angus Council and Aberlour Childcare Trust and showed no signs of the mobility problems she had claimed.
Halko, of Arbroath, Scotland admitted to claiming £40,168.39 Disability Living Allowance fraudulently between May 2011 and December 2017.
Dundee Sheriff Court was told that Halko - who walked slowly into court using sticks and wheezing loudly - had become more ill since pleading guilty.
Sheriff Lorna Drummond QC said today: "This has been hanging over your head for a long time.
"I know you have had health difficulties and there have been difficulties with court proceedings because of Covid.
"Today you can finally draw a line under this matter. You are here because you pled guilty to a fraud of over £40,000. It's a lot of money.
"Guidelines tell us we really should send someone to jail unless there are exceptional circumstances. I take the view that there are.
"You have clearly got very serious health problems. Your criminal activity arose because you were working.
"You were suffering ill health, but you were carrying out duties in a way which contradicted what you had put on the form when you were claiming benefits."
The sheriff placed Halko on an eight-month curfew and granted a proceeds of crime claim for the "nominal" sum of £1, while recognising the sum taken was over £40,000.
Fiscal depute Charmaine Gilmartin told the court: "The accused was awarded care and mobility payments of DLA in 2006 after a road accident.
"The accused failed to declare she was in receipt of earnings and had an improvement in her ability. She was employed by Angus Council as a family support worker.
"She made no mention of the job on her DLA form. The job description contradicted what she had declared she could do.
"She was then employed as a children's worker for Aberlour Childcare Trust."
The court heard a statement by the Trust's director, who said Halko had not shown any of the symptoms she claimed to have to obtain benefits.
He said: "I never saw Diane using a walking stick or crutches. She never asked for a disabled car parking space or for any aid.
"She had never reported a fall. She would go to her car outside at a normal walking pace. Having to rush did not cause her distress.
"I was aware she had titanium plates in her back but I did not think of her as disabled in any form."
He said Halko had also been seen carrying numerous items such as paperwork and her laptop to the car without any apparent difficulty.
In contrast, Halko claimed she had to use two sticks to walk and would struggle to complete 20 yards before being forced to stop.
It emerged that as Halko was telling the DWP she had extreme difficulties, she was applying for the Aberlour job without mentioning any health problems.
