A BENEFITS cheat has been spared jail after conning the taxpayer out of £39,000 in Job seeker’s Allowance (JSA), despite owning a luxury villa in Spain. 

Sally Folan,63, from Worthing, received thousands of pounds of money she wasn’t entitled to, despite several chances to declare the home. 

The great-grandmother sobbed in the dock at Hove Crown Court today, as she was given a suspended sentence for defrauding the public purse of what Judge Jeremy Gold called “a staggering amount”. 

The court heard Folan had been paid £39,462.69 in JSA over a three year period, after returning to the UK from living in Spanish coastal resort El Puerto De Mazarrón, near the city of Murcia. 

Folan made the claim in February 2013 on the basis she and her husband had returned to the UK and were unemployed with no other means of income. 

She signed a form saying she was normally resident in the UK and did not have property in the UK or abroad. 

She was further given opportunities by the Department for Work and Pensions (DWP) in 2014, 2015 and 2016 to let them know of any changes to her circumstances. 

The court heard the had bought the property in 2002 bought the property for €120,000. 

Prosecuting, Martha Walsh, said: “When enquiries started the British consulate were unable to find the property in her name, but it was found under his name and her maiden name. 

"When she was asked to attend a police interview in July 2016, she said she said it did not occur to her she need to disclose property in Spain when she made the claim."

The court heard she had already started repaying the money. 

Defending, Kevin Light, told the court Folan had fallen on tough times after the economic downturn in Spain.

He said her husband Noel had lost his job as a builder and the property had halved in value, forcing them to "live a frugal existence".

Eventually they returned to the UK live with Folan's mother, before moving out and making a claim after being unable to find work.

Mr Light said: "She fully accepts when she made the claim she did not declare the fact she had property and should have declared it. 
"The money she got from benefits was not used to fund a lavish lifestyle."

He asked for the great-grandmother to be given a suspended sentence. 
Folan of Wordsworth Road, Worthing, pleaded guilty to one count of making a fraudulent benefits claim. 

Sentencing Judge Gold said: "Let me tell you I am not going to send  you to prison today. You are a mature lady that has otherwise lived an honest life. 
"You succumbed to temptation on this occasion and as the fraudulent claim runs over a period of time the amount goes up and up until it reaches the staggering some of £39,000.
"Public resources are scarce and must be reserved for those entitled to claim them. 

Folan was sentenced to 12 months in prison suspended for two years. 

She was also made to do 100 hours unpaid work and will have to attend a proceeds of crime act hearing which will try to recover money back for the taxpayer.