PENSIONER Michael Collins cheated the state out of nearly £19,000 in benefits after failing to declare his income.

The 66-year-old claimed income support, housing benefit and council tax benefit despite having two pensions and a hefty legacy.

Prosecuting, Ian Halliday told Swindon Crown Court how the deception started when Collins was made redundant in 1996 and his wife made a claim for income support for the couple.

One of the questions on the form asked whether or not they had any income from savings or pensions, to which was answered no.

He said: "This was not true as since 1994 he was in receipt of a very small, but nonetheless significant, pension from Scottish Life. He received a lump sum of £592 and £180 a year under that pension.

"The family would still have qualified for benefit, but matters were compounded in later years by a failure to declare two other sources of money.

"In 1997 and 1998 sadly both his parents died. He got an inheritance of a little over £33,000, which was not declared, and in addition a second occupational pension in 2000 of £1,500 cash and about £1,500 a year was not declared."

Mr Halliday said that as the couple were receiving income support when they applied for housing and council tax benefit, they received it automatically.

However, in 2002, when Collins turned 65, the wrongdoing came to light as he had to be reassessed because receiving a pension didn't necessarily qualify him for the two other benefits.

When his savings book was examined, the lump sum was seen going in and the two pensions were uncovered.

As a result of an investigation it was found that he had received £18,920.39 to which he wasn't entitled.

When he was questioned he told investigators that the inheritance went on luxuries like holidays, new cars and home improvements.

Mr Halliday said although Collins' wife had filled in all the forms she was doing so on his instruction which made him guilty of the matter rather than her.

Collins, of Woodlands Bungalows, Chippenham, pleaded guilty to two specimen counts of benefit fraud and asked for a further 273 to be taken into consideration.

So far he has managed to repay nearly £2,000 of the money leaving just over £16,000 outstanding.

Defending, Mark Ashley said that his client was paying the rest of the money back at £20 a month and would be doing so for a considerable period of time. He said that at the time he made the first claim he had just been made redundant for the fourth time, putting him under a great deal of pressure.

At that time he was receiving a pension which paid him about £14 a month and he didn't realise how not declaring it would snowball as it did.

He said Collins' wife suffers cerebral palsy which affects her mobility, has epilepsy, has had a knee replacement and has back trouble.

She was dependant on her husband, who himself is awaiting a surgery date for prostate problems and a hernia.

Passing sentence, Judge John McNaught told him: "Almost always, for this sort of offence which involves nearly £19,000, a prison sentence is inevitable. If you were not 66, in frail health, and with a wife in frail health I would have sent you to prison. Instead I am giving you a nine-month sentence, suspended for two years."