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Cannock benefit cheat ordered to pay back £23,262

A benefits cheat who alleged he could walk no further than 16 yards without having to rest while unlawfully claiming more than £23,000 in disability allowance has been given a community order.

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Cannock pensioner Norman Smart was seen on surveillance operations walking his dog three times a day for a total of one-and-a-half hours.

The 66-year-old, who suffers from osteoarthritis, claimed he was exercising to strengthen his muscles in order to improve his quality of life.

A pre-sentence report revealed that Smart's medical problems were triggered by a work-related accident in 1983. His job was physical and his health grew gradually worse until in 2001 he gave up work.

Cannock Magistrates Court heard that the claim was genuine at first.

However the Department of Work and Pensions started surveillance of him during the summer of 2011 when we was observed walking his dog for 30 minutes at a time, three times a day. The prosecution said he was seen covering 2,500 yards – or 1.75 miles – at a normal pace. He was also seen shopping.

Smart, of Lincoln Drive, Cannock, pleaded guilty to making a false statement to obtain benefit.

In all, the pensioner claimed £23,262 between 2004 and 2011 which he will have to pay back.

When questioned for the report, he said it was more a 'misinterpretation' of the questions on the application form rather than a deliberate attempt to defraud.

Steve Sheldon, defending, said there was no doubt that his client had suffered medical problems for many years.

"But obviously he can walk more than 15 metres without periods of rest, although he is not in the category of being able to run marathons or climb up and down ladders," he said.

"He is finding it very upsetting at his age. It is a significant amount to have to pay back," said Mr Sheldon.

Smart was given a 12-month community order, with a supervision requirement.

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