KEY POINTS:
A Mt Maunganui man who started a business while receiving the sickness benefit pocketed $35,636 in overpayments, the Tauranga District Court was told yesterday.
Keith Malcolm Silby, 58, invalid, pleaded guilty to six charges of dishonestly using a document.
Over about two years and 10 months he had 144 benefit payouts he was not entitled to, said Sheryl Manning, prosecuting for the Ministry of Social Development.
She told Judge Christopher Harding that Silby was granted a sickness benefit from June 9, 2003, and was still receiving it. He should have notified the ministry of any change in his work situation, be it casual, part or full-time employment.
Inquiries had revealed that Silby started a job less than three months after being granted a benefit and continued it until the end of 2005, said Mrs Manning.
He also worked as a contractor for his own business from December 1, 2003, until November 30, 2005.
Over that time, he submitted six applications to review his benefit entitlement, stating that he was not working or receiving other income.
He received overpayments of $17,657 in sickness benefit, $6723 in accommodation benefit, $8011 in special benefit and $3243 in disability allowance.
To date he had repaid $240, Mrs Manning said.
Lawyer David Bates told the judge that Silby had had a difficult time since heart surgery nearly five years ago. His marriage broke up, his business broke down, and he had a lot of debt.
Judge Harding sentenced Silby to six months' imprisonment. He can apply for home detention.
- NZPA
