A woman who banked £28,000 in disability benefits was caught walking unaided by investigators and ended up ashamed and in court. Mum Cheryl Topham, 54, had initially legitimately been claiming Disability Living Allowance because health issues affecting her ability to look after herself and to walk.
In 2015, she also received Employment Support Allowance legitimately, Manchester Evening News reports. But in 2017 she underwent a successful knee replacement operation but didn't notify the Department for Work and Pensions (DWP).
She continued receiving payments into her bank account and was overpaid £28,263.70. A tip-off then led to surveillance and this revealed her walking unaided, Minshull Street Crown Court heard.
In a further appointment to claim Personal Independence Payment (PIP), she turned up to the centre using crutches. Topham, of Ashton-under-Lyne, pleaded guilty to dishonestly failing to notify a change of circumstances affecting entitlement to benefits and dishonestly making a false statement to obtain benefits.
Topham’s initial application for disability allowance stated she suffered from a number of ailments including carpal tunnel syndrome, and said these conditions affected her ability to walk and look after herself, prosecutor John Richards said. “As a result her application was approved in November 1999 and this was moved to Employment Support Allowance in March 2015,” he said.
“She was told to inform DWP if anything changed. The investigator for DWP then became aware of allegations about the defendant and after that was authorised for surveillance between September 5 and September 9 2019.
“Footage was obtained through mobile phone footage, showing the defendant walking unaided. Then during a further appointment in which she attempted to claim PIP, she was seen using crutches.”
Topham was arrested and interviewed under caution, and after being shown the footage she admitted that she had an operation in August 2017 which saw that her conditions would no longer qualify her for the payments. In total she obtained £17,558.60 in disability allowance payments and £10,675 in ESA payments. She was said to have no previous convictions.
Saul Brody, mitigating, said she has found the court process ‘excruciating’ and is ‘very much ashamed’ of her failure to notify the change in circumstances. “This is a case where there was a genuine claim for at least 18 years,” he said.
“The defendant first received benefits relating to her disability in 1992, in 2008 the DWP accepted her condition was so serious that she didn’t need to continue making applications. She was entitled to the benefits, but matters went awry in 2017.”
Mr Brody said that Topham had a knee placement surgery in 2017 and acknowledged that her condition had improved and she did not make that clear to DWP. He added that she is currently in poor health and financial difficulty but a payment plan is set up with repaying back the sums.
“The system has to rely on trust mainly given to those who are not able to look after themselves. People are trusted they will make and clearly declare and do the right thing - you did not,” Recorder Jon Close said.
Topham, of Windemere Crescent, was sentenced to six months imprisonment which was suspended for 12 months, ten days of rehabilitation activity requirements and a nine month alcohol treatment programme.
