A Birmingham couple scammed £66,000 in benefits over 8 years were spared jail – despite lying that they were a landlord and tenant.

The couple repeatedly lied to Birmingham City Council over their status when in fact they had had three children together.

Over eight years they illicitly received a total of £66,268 for housing benefit, council tax benefit and income support.

In 2002 the woman lodged a genuine claim for income support, but within three years the landlord bought them a house, moved in with her and together they started the illegal claims.

The prosecutor Blondelle Thompson, said the woman put through claims stating that she was a private tenant and for her rent to be paid direct to her landlord/partner.

To back her claims she signed declarations, stating that she and  her children were not related to the landlord and claimed single occupancy discount on council tax payments.

The woman issued a plea of being guilty to two counts of failing to notify a change of circumstances and to a charge of making a false representation.

The partner and supposed landlord owned up in court to supplying false information regarding the tenancy agreement provided to the city council.

The court was then told about the woman’s bad health and that she was the only carer for their children, she was not given a jail sentence. She received a 22 week sentence suspended for 18 months, and placed under a supervisory order. She was also ordered to attend the Anawim probation project for 30 days.

The court was told that her partner only acted out of desperation so that the mortgage could be paid and that it was not out of greed. He was handed an 18 month sentence, suspended for 18 months and ordered to carry out 180 hours unpaid work.

Miss Thompson said: “At no time did she declare Rafiq was her partner or father of her children.”

The City Council’s fraud investigation team received a report in 2011 which prompted an investigation.

Miss Thompson continued: “The house was put under surveillance and his car was seen daily and was used by Jabreen.”

The landlord/ partner had Life insurance documents and a Virgin Media account which were registered to him at the couple’s address.

Judge Roderick Henderson was scathing of the supposed landlord and said he was a “dishonest” man who, in the past, had avoided getting a criminal record by posing as his brother, he said: “As far as you are concerned I get a very clear picture of a person who is dishonest and bends things to whatever benefits you at a particular time.

“You both pleaded guilty but when you came back to be sentenced you wanted to vacate your plea because you said you were not guilty at all.

“You then turned up and entered a guilty plea but put forward a false basis. You have behaved not only in a dishonest way in the history of the case but before the court.”

The judge felt that the woman had played a lesser role and had been led by her partner.