A MAN who said he was unable to work because of a bad back ran two companies and had a job as a tree surgeon, a court was told yesterday.

David Burton took more than £33,500 in benefits from the Department for Work and Pensions (DWP) and his council.

Throughout the four-year scam, Burton, 57, was self-employed and running a business – Cedar Tree Exhibition Services and Treescape.

Benefit officers received a tip-off about his sideline, and Burton told investigators he wanted to see how trade went before he declared it.

Teesside Crown Court heard that the total benefit overpayment was £33,562, and that Hambleton District Council is still owed £11,400.

Burton claimed housing benefit and council tax relief from the authority, as well as income support and incapacity benefit from the state.

He is repaying the DWP £150 a month, has settled his council tax debt and has lodged £3,200 with his solicitors, which can be used to reduce the bill. A cousin travelled to court from Scotland yesterday and pledged to use up to £2,000 of his money to save Burton from jail.

Burton, of Richmond Farm, Topcliffe Common, Thirsk, North Yorkshire, was given a 12-month prison sentence, suspended for two years, with supervision.

Judge George Moorhouse told him: “You know that people who behave in this way commit a very serious offence which justifies a custodial sentence.”

The judge said a lack of recent previous convictions and the pledges to repay the money meant he could suspend the jail term.

Ian Hudson, in mitigation, said his client was remorseful.

Burton admitted two charges of failing to notify the authorities of a change in circumstance.