A £30,000 benefits cheat from Perthshire narrowly avoided being locked up when she appeared for sentence.
Marie van den Berg kept a significant inheritance windfall secret from authorities while she continued to claim unemployment allowance for three years.
Perth Sheriff Court heard that the 57-year-old was put over the prescribed capital limit when she received £11,000 in back payments from the Department for Work and Pensions.
Van den Berg, from Alyth, returned to the dock having previously admitted obtaining more than £30,000 by fraud and being told she had reached the threshold for a prison sentence.
After considering background reports, Sheriff Jennifer Bain KC ruled there were exceptional circumstances that allowed her to stay out of prison.
Public harm
“The reports before me state that you did not cause significant harm,” the sheriff told Van den Berg.
“The court does not agree with that.
“Your actions caused public harm, particularly to those who are in genuine need of financial assistance.”
She said: “This does merit a custodial sentence and it could have been prosecuted at a higher level, given the sums involved.”
Sheriff Bain noted Van den Berg had a history of physical and mental heath issues.
She was also caring for a dying husband and had a son who was in the criminal justice system, having been caught carrying a machete on a night out in Blairgowrie.
“I take into account your previous good character and the fact you are a first offender,” the sheriff said.
“I also take account that you are able to repay the full amount and it is this that has tipped the balance in favour of a non-custodial sentence.”
Van den Berg will be tagged as part of a nine month restriction of liberty curfew, meaning she must stay home between 7pm and 7am each night.
The court has also issued a confiscation order for £31,277.
Van den Berg was told to pay the full amount within six months.
Not available for unpaid work
The court had heard sentencing options were limited because Van den Berg was unable to carry out unpaid work.
Solicitor Mike Tavendale, defending, said: “It is a shame that unpaid work is unavailable to her, simply because of her disabilities.”
The court heard that between 2018 and 2021, unemployed Van den Berg knowingly failed to give prompt notification to DWP of a change in her circumstances.
She knew failing to declare having capital over the prescribed limit would impact how much income-related Employment and Support Allowance she received.
By failing to let the government department know, she obtained £20,341.75 to which she was not entitled.
Between 2019 and 2021, Van den Berg further admitted failing to alert Perth and Kinross Council of having capital in excess of the prescribed limit.
She knew this would affect her housing benefit and gained £10,435.75 without entitlement.
For more local court content visit our dedicated page or join us on Facebook.
