A MAN has walked free from court after a judge heard how he fraudulently claimed almost £10,000 in incapacity benefit.

Trevor Imhorst, 45, claimed the payments from the state for almost two and a half years in spite of having a series of jobs.

But after hearing how Imhorst was working full time to support his ill partner and her 15-year-old daughter a judge decided not to send him to prison.

Imhorst, of Verwood Close, Park North, came to the attention of investi-gators as a result of an anonymous tip-off, Swindon Crown Court was told.

Martin Steen, prosecuting, said that Imhorst had been claiming incapacity benefit from May 2000 to October 16 last year.

During that time he said that Imhorst had held down a number of full and part-time jobs working for Asda, Randstad, Wise Employment and the Royal Mail.

Mr Steen said that he told investi-gators he had arthritis and had been medically examined.

"He was under the impression that he was entitled to incapacity benefit for life," he told the court.

It was put to him that the form he signed to get his benefits said that he should declare any earnings and he accepted that he should have told the authorities about it and was willing to repay it.

During the two years and nine months that he made the fraudulent claims he received £9,664.71p he was not entitled to.

At an earlier hearing Imhorst pleaded guilty to four counts of making a false statement to obtain benefit and asked for 59 similar matters to be taken into consid-eration.

Robin Shellard, defending, said that the claim had started as genuine and his client had to undergo medical examinations to qualify.

"Incapacity benefit is not something you can go along to the Benefits Agency and say 'I want to claim it', it has to substantiated," he said.

Imhorst, who wears a hearing aid, lost two fingers in an industrial accident in 1989 and also suffers from arthritis.

He said that his partner was also ill and awaiting a stomach operation and relies heavily on him.

Mr Shellard said that his client had never done anything wrong before.

"For him, unlike many who appear before these courts, just appearing before the court is punishment enough," he said.

Imhorst, he said, was currently working full-time, earning £250-a-week basic pay.

Sentencing him to 180 hours community service Judge Tom Longbotham warned him that if he failed in the order he would face the prospect of a prison sentence.

"If you breach the order you are likely to be re-sentenced and I think you know from the remarks I have made today that you are likely to go to prison," he said.

Imhorst was also ordered to pay £250 court costs. A compensation order was not made as the Department for Work and Pensions recoups money in its own way.

Giles Sheldrick