A WOMAN who claimed more than £29,000 in benefits while working as a school dinner lady was spared a prison sentence yesterday.
But 41-year-old Tracy Ann Malkin is faced with having weekly deductions taken from her benefit payments for the rest of her life, to pay back the outstanding sum.
The single mother began working as a kitchen assistant at Cotsford Park Primary School, in Horden, in September 1996.
Durham Crown Court was told she began claiming income support the following year, and subsequently also received housing and council tax benefit.
By the time the fraud came to light, in July 2005, the overpayment in income support was £28,913, with a further £597 in council tax benefit and £185 in housing benefit.
Andrew Findlay, prosecuting, said she would probably have been eligible to genuinely claim some benefits during the nine-year period.
He added: "While she possibly would have been entitled to something by way of benefits, it is not possible to say how much, because the rules change so frequently, and her circumstances might change each time the claim was made."
Malkin, of Heath Close, Peterlee, of previous good character, admitted two charges of making false claims to obtain benefit.
She also asked for a further 145 similar offences to be considered.
Lorraine Mustard, for Malkin, said the money was not used to fund a lavish lifestyle, but simply "to make ends meet".
"This offending began through a misunderstanding, as she thought she could work 25 hours a week without telling the benefits people, when the correct position was that she could earn £25 a week without telling them."
Miss Mustard added: "Rather like the snowball at the top of the hill, once it started, she made no attempt to stop it and simply buried her head in the sand."
Imposing a 12-month supervision order, to include 120 hours of unpaid community work, Recorder Jonathan Aitken told Malkin he noted that her benefits cheating began as an honest claim.
"If it had not, it would merit an immediate custodial sentence of some length," he said.
"The full sum is being reclaimed from you, which is also a punishment, as you would have been entitled to some of that money."
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