A Solihull mum falsely claimed more than £16,000 in Universal Credit by lying that her two children lived with her.
Kayley Evans, 22, broke down in tears at Birmingham Magistrates' Court last week. The court heard neither of her children had ever lived at her address as they had been taken into care.
Evans admitted dishonestly making a false statement to the Department for Work and Pensions. She was spared jail and instead handed a community order.
Prosecutor Nabiha Ahmed told the court Evans received Universal Credit claiming she was single, unemployed and had two children living with her.
Kayley Evans broke down in tears at Birmingham Magistrates' Court last week
PAShe specifically notified the DWP to add her second child to her claim.
"In fact the first child was placed into care a few weeks after being born and the second was placed into care immediately," said Ahmed.
"Neither child has ever lived with Miss Evans," the prosecutor added. Ahmed said Evans "understood" this would impact on her benefits claim.
The court was told the overpayment of Universal Credit was more than £16,000.
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Evans had no previous convictions. The court heard Evans had not been assessed for a mental health treatment requirement.
Her defence lawyer, Alexandra Youster, said Evans preferred to be sentenced on the day rather than have the case adjourned.
Youster told the court: "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."
The defence explained Evans "was around very bad people and she was unwell at the time."
Youster highlighted the positive changes in Evans' life since the offences.
She told the court: "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."
The defence lawyer also noted Evans had started a university course.
The court was told the overpayment of Universal Credit was more than £16,000
GETTY"I think this perhaps shows the naivety of this lady and lack of awareness she really does have," Ms Youster added.
District Judge Michelle Smith sentenced Evans to a two-year community order with 20 days of rehabilitation activity requirement.
She was ordered to pay a £114 victim surcharge but no prosecution costs due to her financial situation.
The illegally-claimed benefits will be recovered separately.
"I can step back from a custodial sentence," said Judge Smith.
"I'm minded that rehabilitation will prevent further offending," she added, citing Evans' age, circumstances and trauma as factors in her decision.
