Benefit fraudster avoids jail sentence

File photo / NZ Herald

A man who ripped off Workand Income to the tune of more than $86,000 has been sentenced to home detention.

Frank James, 48, appeared in Rotorua District Court on Friday for sentencing after pleaded guilty to misleading a Ministry of Social Development officer and eight charges of using a document to gain a pecuniary advantage.

Judge James Weir sentenced him to 10 months' home detention and 400 hours' community work.

According to the summary of facts, James completed several Work and Income review forms stating he was not living in a relationship in the nature of a marriage.

In May 2008, James was interviewed by Work and Income and denied living in a marriage-type relationship and said the woman was a flatmate.

Judge Weir said that over a five-year period James received $86,715.83 in benefits, including the domestic purposes benefit, to which he was not entitled.

James' lawyer Max Simpkins said the relationship was not a conventional heterosexual relationship where they were having a sexual relationship but he had provided emotional and financial support.

The woman had been sentenced to three months' home detention and 200 hours' community work for her part in the offending.

James had the care of his children and if he were sent to jail that responsibility would fall on his wife, Mr Simpkins said.

His wife was not involved in this offending.

Judge Weir said James felt gutted about what he had done and when he discovered what he was doing was illegal he was shocked, embarrassed and ashamed.

Judge Weir spoke of the inconvenience and cost to the taxpayer by James' offending and that sending him to jail would only add to the state expenses.