Amanda Branter, from Halifax, admitted two offences of failing to notify a change of circumstance when her partner moved in.
Branter initially claimed in September 2001 but failed to report the change when visited by a Calderdale Council representative on March 16, 2006. She failed to report it a second time on April 30, 2007 when she repeated the claim.
The total overpayment was £13,158. Branter has made efforts to repay the sum at £130 per month. She has since repaid £2,000.
Recorder Ben Nolan QC at Bradford Crown Court, said: "I am satisfied that this was a default case in that you did not deliberately set out to defraud the department but you failed in your duty to notify a change of circumstance."
She was given a community order for 12 months with 60 hours of unpaid work.
Recorder Ben Nolan has got two points wrong here. First, she did defraud us. She deliberately and knowingly gave false information in 2006 and 2007. Sure, she had already failed in her duty to notify a change. But Recorder Ben Nolan ignores the later occasions.
Second, the system relies on people honestly and promptly reporting information which will be to their own financial disadvantage. To suggest that failing to do this is somehow less serious would call into question the structure of the benefits system.
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