A WOMAN who claimed more than $30,000 in government benefits she was not entitled to escaped a prison term in Mandurah Magistrates Court on Tuesday.
Lorette Jan Elliott pleaded guilty to two counts of obtaining a financial advantage after under-declaring her income for close to four years.
The court heard Elliott filed false declarations between June 23 and September 29, 2009, and between November 24, 2009 and July 30, 2013.
During the charge periods Elliott was employed at Murray River Nursing Home as a nursing assistant, and was overpaid $33,272.63 after under-declaring income 82 times.
The discrepancies were uncovered by data matching between Centrelink and the Australian Taxation Office.
Counsel for Elliott said his client had an intellectual disability and “diminished capacity for reasoning”.
Elliott was described as generous, loving, and caring.
Despite maximum penalties of a $6600 fine or 12 months imprisonment, or both, the prosecution did not seek a custodial sentence.
Magistrate Vivien Edwards said Elliott’s disability rendered her culpability “less than otherwise”, and placed her on an 18-month community-based order with program and supervision requirements.
Elliott was also ordered to pay court costs.
She still owes $31,103.48 to Centrelink, with repayments being made via withholding of benefits.