Cheat claiming cash for disability filmed at gym

Bending over exercise balls and stretching out her limbs, Anne Bird was covertly filmed during her sessions.

A court heard she participated in a range of physical activities including circuit training and pilates at Bloxwich Leisure Centre before her deception came to light.

An investigation was launched by the Department for Work and Pensions following a tip-off that she was joining in exercise sessions at the centre, in High Street, in 2008.

Investigators set up a surveillance operation to monitor what exactly she was doing before prosecuting her.

Bird, who suffers from a degenerative condition, finally admitted wrongdoing.

The 60-year-old had previously been a Royal Mail delivery worker, but was laid off in 2008 due to health problems.

Miss Maggie Meakin, prosecuting, told Walsall Magistrates Court that the defendant was overpaid by a total of £21,109 after making false declaration on claim forms to obtain disability allowance.

"It was confirmed by a doctor that she has osteoarthritis and that she needs help to bathe and dress, and needed help to walk," she said.

"She then applied for the higher rate of disability living allowance claiming at this point that she needed help as she had problems with her knees and hips.

"The department was made aware that from October 2006 to August 2012 she was attending Bloxwich Leisure Centre and was participating in group exercise including pilates and circuit training. She then upgraded her membership to sessions which included aerobics.

"In witness statements the staff said they were aware she had problems with her knee, but she took part in spinning bike classes," Miss Meakin said.

Bird, of Darlaston Road, Pleck, suffers from osteoarthritis in her legs and rheumatoid arthritis in her hands. She was entitled to some benefits, but not the full amount that was paid to her.

She had previously denied two counts of dishonestly making a false statement to obtain a benefit, but changed to guilty pleas earlier this week ahead of the matter going to trial.

In sentencing her on Wednesday the magistrates jailed her for 12 weeks suspended for 12 months and handed her a six-month supervision order with probation. She was also ordered to pay £300 costs and victims' surcharge £80.

Mr Lee Preston, defending, said she had already repaid the money. "She borrowed and also used her pension lump sum to repay the money," he said. "Her condition is degenerative. She will get less and less mobile as time goes on."

"This is now an old matter. It was first brought up in 2008 and the sums have long been repaid. She was following advice from her doctor and physiotherapist to exercise as much as possible.

"It is unlikely that she will ever appear before the courts again."

Miss Zaynab Tarajia, representing the probation service, said Bird was unsuitable for carrying out unpaid work in the community due to her continuing health issues.

She told the court Bird had explained that she had followed her GP's advice to exercise. "She admits that on occasion she exercised more than she needed to do and admits that she should have told the DWP about her improved health as she would have been entitled to benefits, but less than she received. She is extremely remorseful of her actions," Ms Tarajia said.

Bird is in receipt of carers' allowance regarding her husband's care and is now set to get advice over the correct benefits that she should be claiming for her own illness.