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Benefits prosecution

Date: 28 Mar 2008

Magistrates have sentenced a Portishead man to a 12-month community order with a requirement of 90 hours unpaid work for three charges relating to the claiming of benefits.

Mohamed Shaukat Ali (aged 37) of Dunlin Drive, Port Marine, pleaded guilty when he appeared at North Somerset Magistrates Court yesterday (Thursday 27 March), to two charges of dishonestly failing to notify changes of circumstances affecting entitlement to benefit and one charge of dishonestly making a false representation for the purposes of gaining benefit. He was also ordered to pay £750 towards our costs.

The case arose because he failed to notify his true circumstances to the council and as a result received an overpayment of housing benefit of £6,073.98 and an overpayment of council tax benefit of £712.93 (totalling £6,786.91).

We assist people who are on a low income by providing housing benefit and council tax benefit to help with the payment of rent and council tax. Both benefits are means-tested. Applicants complete an application form, and the council uses the information provided on the form to assess benefit entitlement.

He started a claim for housing benefit and council tax benefit in November 2004, for a property in Portishead. He renewed his claim by completing a review form in April 2007. On investigating the claim, it was found that he had not declared that he was actually the leaseholder for the Spicy Aroma restaurant in High Street, Portishead and had been since September 2006. The investigation also established that he had also bought a house in Portishead.

Had we been aware that he was the freehold owner of a residential property and was the leaseholder for a business premises then housing and council tax benefit would not have been payable.

Executive member responsible for finance, Cllr Tony Lake, said: "Benefit fraud is unacceptable and the council and its contractors will pursue cases rigorously."

No application for a compensation order was made; if the sum is not voluntarily repaid then it will be recovered through the civil courts.