Prosecution of 82-year-old criticised
An 82-year-old man admitted illegally claiming £9,400 in housing and council tax benefits by not revealing his wife was working part-time as a cleaner.
Mr Roy Goodhead, chairman of the bench at Wolverhampton Magistrates Court, criticised the city council decision to prosecute father-of-five Derek Stacey, who has no previous convictions for benefit fraud.
He said: "I do not know why they brought this case in the first place when you are doing all you can to repay the money."
The council pressed ahead despite being asked by a district judge to reconsider taking the retired council driver to court. Stacey, of Merridale Street West, Penn Fields, claimed benefits between 1998 and 2003. His wife Peggy cleaned a dental surgery since 1989, Mr Neil Fawcett, prosecuting, told the court.
He said: "It is important to bring prosecutions when a substantial amount of money has been taken from the public purse.
"The age of the defendant is no reason why this sort of conduct should go unpunished, although we are aware that his age is still an important factor and do not want him sent to prison."
After an anonymous tip-off Stacey immediately admitted the fraud. Mr Fawcett said: "He said things like 'Ninety nine per cent of people would have done the same thing in my place. "We all need a bit of extra cash.
"Then he asked 'What are you going to do, put me up against a wall?". He said Stacey paid back the £1,723 council tax he owed and was repaying the £7,713 of housing benefit at £12 a week. He was given a conditional discharge for six months. Mr Goodhead said: "If you do not get into trouble again during that time you can forget about this and continue repaying the money."
Afterwards Stacey said: "I admit I made a mistake but I have been made to pay a very high price for it. I worked hard all my life, first as a steel erector and later as a council driver. I retired at the age of 64 and always paid my dues. I volunteered to fight for this country in the war and would not want to do anything to harm it."
His wife Peggy, 76, who left her part-time job several years ago, said: "I was only doing around eight hours a week and never earned more than £135 a month. My husband is a decent, honest man and it was terrible to see him in court, especially at our time of life."
