Kilbirnie: £60k DWP benefits cheat spared jail sentence

Robert Costine appeared at Kilmarnock Sheriff Court on Wednesday, September 18, to be sentenced in relation to the fraudulent claims.

The 59-year-old had previously found himself in the dock back in July this year when he pleaded guilty to a pair of charges in relation to failing to give prompt notification to officials of the DWP of a change of circumstances which he knew effected his entitlement or other payment of advantage.

This led to Costine, of Balgray Avenue, obtaining disability living allowance of £29,037.90, which he was not entitled to, between August 2013 and December 2018.

Further to this, between August 2013 and February 2019, Costine obtained income support payments totalling £29,200.20 to which he was also not entitled.

During his initial court appearance, the details of how Costine claimed the benefits were laid out.

Procurator fiscal depute Jaide Podlesny explained that the matter first came to the attention of the DWP in January 2019, when a referral was received by their visiting team for a young person who was turning 16.

As a result, the disability living allowance - received on their behalf - changed to a personal independence payment and an effort was made to make correspondence with the person so they could complete the relevant forms to make the change.

After contact was made by the DWP visiting officers with North Ayrshire Council, details were found stating that the person - who was described as a relative under the guardianship of Costine - lived with him at his address.

The Kilbirnie man was then telephoned by officers, and he informed them at this stage that he was no longer the guardian of the teen, who had been taken into the care of a local authority.

Ms Podlesny stated that Costine told officers he had informed the DWP that the relative was no longer living with him.

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Officers then advised the council that the person had been taken into care and as a result a report was then compiled and sent to the DWP counter fraud team.

As a result, it was found that Costine had falsely claimed disability living allowance and income support totalling £58,238.10.

Defence solicitor Gillian Swanney told the court that her client has been repaying the DWP for the fraudulently claimed funds at a rate of £80-90 per month.

She said: “He has been paying back the benefits since 2019 – he will be paying it back for the rest of his life.”

Addressing Sheriff Colin Bissett, Ms Swanney said that the decision was whether Costine would be sentenced to time in custody - or a direct alternative.

She also cited reports which had been prepared since the Kilbirnie man's last court appearance which highlighted a number of matters for the sheriff to consider.

These included severe health problems arising from a stroke Costine had earlier this year, and a heart attack he had when he was 45.

He also currently cares for his wife, who Ms Swanney said is "reliant on him to meet her day-to-day needs".

The solicitor also referenced that Costine has previous convictions - though none for similar offences.

Ms Swanney said: "If your lordship is minded to step back from custody he can be managed safely in the community and has no difficulty in compliance [with a community payback order] though he is clearly not fit for unpaid work."

Sentencing, Sheriff Bissett said: “The charges are serious, they involve obtaining more than £58,000 to which you were not entitled.

“That money was essentially taken because you simply did not tell them you were no longer eligible.

“The threshold for custody has clearly been passed here but I take into account that these matters were some years ago, your health and that you are paying the money back.

“With that in mind, I am persuaded there is an alternative in your case.”

Costine was placed on a restriction of liberty order, meaning he must remain within his home address between the hours of 7pm-7am each day for the next nine months. He will be electronically monitored during this time.