A BENEFITS cheat was spared jail after claiming almost £10,000 from the Department of Work and Pensions (DWP) and West Dunbartonshire Council she wasn’t entitled to.

Cherylann Gaffney, of Glencairn Road, Dumbarton, previously pleaded guilty to two offences of obtaining benefits to which she was not entitled totalling £9,014.41 over a two-year period.

The court previously heard Gaffney, between April 5, 2015, and April 20, 2016, knowingly failed to notify the DWP of a change of circumstances which would affect her benefit payments of Income Support.

During that time she didn’t tell the jobcentre she was living and maintaining a common household with her partner John McVey, who was in paid employment.

She obtained £3,962 in Income Support which she was not entitled to.

The court also heard that between May 5, 2014, and September 11, 2016, she failed to inform West Dunbartonshire Council she was living with her partner, who was in full-time paid employment, and ripped off the council in housing benefit to the sum of £5,052.

Gaffney returned to the dock on Wednesday, November 15, for sentencing and was told by Sheriff Simon Pender a custodial disposal remained on the table.

However, depute fiscal Scott Simpson told the court the 32-year-old had started making payments towards her debt, having paid the DWP £70 a month since February and had recently began paying up her housing debt in payments of £42 – reducing her outstanding balance to £7,351.

Gaffney’s defence agent Douglas Thomson told the court: “It’s fair to say that at the time the relationship between Ms Gaffney and Mr McVey was somewhat rocky to say the least.

“He would leave to stay with friends, come back and then leave again but she has to accept that he was in employment so as far as the benefits agency were concerned he and she were in a relationship even though he was not there seven days a week.”

Mr Thomson said his client made a mistake by not updating her partner’s living arrangements with the DWP and WDC.

He added: “She’s a first offender, she’s got two children – one of school age, one not yet started nursery – she pleaded guilty at the earliest opportunity.”

Sheriff Pender was persuaded to dispose of the case via a community payback order.

He told Gaffney: “This is a serious matter and defrauding the public purse of a substantial sum of money.

“I take into account that you are repaying it and of your guilty plea.”

Gaffney was ordered to carry out 250 hours of unpaid work within 12 months.