Rotorua couple lied about relationship to claim benefits

File photo / NZ Herald

A Rotorua couple lied about their relationship to claim more than $60,000 in benefits, a court has heard.

Sara May Phillips-McIvor, 25, (also known as Sara McIvor) was sentenced in the Rotorua District Court yesterday to six months' home detention after previously pleading guilty to 13 charges of dishonestly using a document to obtain the domestic purposes benefit. She was ordered to repay $39,670.69 to the Ministry of Social Development, with $20 per week to be taken from her benefit.

Her partner Kris Charles Clark, 36, was sentenced to six months' community detention and ordered to complete 150 hours' community work after previously admitting five counts of dishonestly using a document to obtain the domestic purposes benefit. He was ordered to repay $9456.74 to the ministry at $40 per week.

According to the summary of facts, Phillips-McIvor advised the Ministry in January 2009 that she and Clark had separated, which was untrue. Both subsequently filled out benefit forms stating they were single when in fact they continued to live together in a relationship.

Judge Jocelyn Munro said between 2009 and 2011 Phillips-McIvor dishonestly received benefits totalling $47,727.89 while Clark received $17,513.94. If they had been honest about their relationship they may have been entitled to just over $8000 each, she said.

Judge Munro said Phillips-McIvor filled out 13 forms that were untrue.

"This is deliberate and ongoing dishonesty," she said.

In sentencing Clark, the judge noted he had a number of previous dishonesty convictions, including a 2003 conviction for benefit fraud.

"This is not the first time you have decided to defraud the taxpayer for your own benefit."

Judge Munro said while Clark received less than Phillips-McIvor, he had also benefited from the extra money illegally obtained by his partner.

She chose not to sentence Clark to home detention so he could continue in full-time employment, working night shifts, and repay the money. However she imposed a 9am to 9pm curfew on him.

At the current rates it will take Phillips-McIvor 38 years and Clark four-and-a-half years to repay the amounts owed.

Last week the Rotorua Daily Post reported seven Rotorua benefit fraudsters had been prosecuted in the six months to March with wrongful payments amounting to $494,925.

Nationally, nearly 400 people were prosecuted between October and March for illegally claiming welfare payments that totalled just over $13.7 million.