A mum lied about her two children living with her to illegally claim more than £16,000-worth of Universal Credit.
Kayley Evans broke down in tears at Birmingham Magistrates’ Court which heard neither of her children had ever lived at her address because they had been taken into care.
he 22-year-old, from Solihull, was 18 when she first embarked on the false claim. She admitted a charge of dishonestly making a false statement to the Department for Work and Pensions (DWP) to obtain a benefit, advantage or payment.
But she was spared jail and instead handed a community order on Thursday, March 6.
Prosecutor Nabiha Ahmed told the court Evans received Universal Credit on the basis she was single, unemployed and had two children living with her, adding she specifically notified the DWP to add the second child to her claim.
She said: “In fact the first child was placed into care a few weeks after being born and the second was placed into care immediately. Neither child has ever lived with Miss Evans.”
Ms Ahmed said Evans ‘understood’ this would impact on her benefits claim.
She confirmed the overpayment of Universal Credit was more than £16,000 and that Evans had no previous convictions.
The court heard Evans had not been assessed for a mental health treatment requirement.
But Alexandra Youster, defending, said she preferred to be sentenced on the day rather than the case be adjourned, providing she would not be sent to prison.
She said: “I’m not sure the benefits of a mental health treatment requirement would outweigh the stress these proceedings are causing Miss Evans.
“If you were minded not to impose a non-custodial sentence today I would ask you to do that.”
Ms Youster added: “The offences date back to 2020. She had just turned 18 and had just left the care system herself.
“There’s a lot of background and trauma in this lady’s life.
“She was around very bad people and she was unwell at the time.
“Positively, since this all took place she is doing really well.
“She’s got her own flat. She has been working, albeit sporadically – she’s employed at two different locations.
“She has started a university course. I think this perhaps shows the naivety of this lady and lack of awareness she really does have.”
Evans, of Fordbridge, was sentenced to a two-year community order with 20 days of rehabilitation activity requirement.
She was ordered to pay a £114 victim surcharge but nothing towards prosecution costs due to her lack of financial means. Her illegally-claimed benefits will be recovered separately.
District Judge Michelle Smith told her: “I can step back from a custodial sentence.
“I was considering a suspended sentence because of the value and length of time (of the offence).
“But I can step back in view of your age, circumstances and everything I have read about you, the trauma you have suffered as well. I’m minded that rehabilitation will prevent further offending.”
