Woman who fraudulently claimed €18k in benefits for children not in her care avoids jail
A Co Down woman who claimed multiple state benefits for children who were not in her care has narrowly avoided going to prison.
Cherise Maguire appeared on Tuesday before Newry Magistrates' Court, where District Judge Eamon King highlighted that the defendant had been given probation orders and a conditional discharge for previous offending, meaning the only option was a custodial sentence, leaving a question of whether that 'should be suspended or immediate'.
The 38-year-old, from Lissize Avenue in Rathfriland, had earlier entered a guilty plea to a single count of making a false declaration to fraudulently claim benefits on May 10, 2021.
A prosecution lawyer outlined how there was a referral to the department last year stating that Maguire was fraudulently claiming numerous benefits, including Universal Credit, housing benefit, Personal Independence Payments and income support.
The prosecutor told the court that, in effect, Maguire was claiming benefits for children who were not in her care, adding that the overpayment on the indictment amounted to £16,871, with the fraudster already repaying the money from her benefits at £59.02 a month.
Maguire's defence counsel conceded that, with the repayment plan in place, 'undoubtedly that will probably take the rest of her life'.
Judge King interjected: 'Unless she gets out and gets a job and increases the payments.'
'Did she ever work?' the judge enquired. He was told 'no'.
The barrister highlighted that Maguire had an unsettled upbringing and was involved in 'unhealthy relationships', but Judge King pointed out that in the pre-sentence report from probation, which is, 'to a degree, self-serving… there is the full spectrum of excuses. I don't think she has left any out.'
The judge said that despite Maguire's claims that she did spend the money on the children, he had to 'take that with a pinch of salt'. He then handed down a four-month prison sentence which was suspended for three years.
After hearing that Maguire is repaying the stolen monies out of her benefits, Judge King did not make any order for compensation.
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