Benefits cheat wrongly claimed £30k while working ‘secret’ job – ‘All taxpayers are victims of fraud!’

A 42-year-old woman who fraudulently claimed more than £30,000 in benefits has avoided jail time, instead receiving community service and probation.

Marie Denise Smith from Jersey was sentenced to 180 hours of community service and an 18-month probation order by Jurats in the Royal Court.

The court heard that Smith had failed to inform the Social Security Department about her employment at The Entertainer toy shop and Autism Jersey, as well as changes in her living arrangements with a former partner.

Over a two-and-a-half-year period, she received £30,678 in benefits – which she was not entitled to.

Crown Advocate Luke Sette told the court that Smith had shown the department a letter in November 2019 confirming her job at The Entertainer would end that December.

However, she resumed working there between April and July 2020 without notifying authorities.

She later began working at Autism Jersey in July 2021 but only reported starting the role in November that year.

Smith also failed to inform the department about moving in with her former partner in October 2021, only reporting it a year later.

She additionally neglected to notify officials about a pay rise from Autism Jersey.

The Crown Advocate described her offences as “an affront to all who pay their contributions.”

In her defence, Advocate Alexander English told the court Smith had been “overwhelmed by extremely challenging and upsetting life events” during the period of the offences.

The court heard she had experienced mental health problems, with her advocate noting: “It’s part of her condition to be disorganised.”

English argued against the prosecution’s harsh conclusions, stating: “The monies weren’t to fund a lavish lifestyle.”

The defence highlighted Smith’s personal struggles, suggesting these circumstances had contributed to her failure to properly report changes in her situation to authorities.

Deputy Bailiff Robert MacRae emphasised the seriousness of benefit fraud, stating: “These are not victimless crimes. All taxpayers are victims of fraud.”

He told Smith she “could not complain if the court were to impose a prison sentence” given the gravity of her actions.

The court heard Smith had repaid £3,630 of the total £30,678 overpayment, leaving £27,048 still outstanding.

However, considering her lack of previous convictions, early guilty plea, and low risk of reoffending, the Jurats deemed her case “sufficiently exceptional” to warrant a non-custodial sentence.

Jurats Ronge and Entwistle presided over the case.