A COWENBEATH woman who committed benefit fraud has avoided a jail sentence.

First-time offender, Linda McPhee, had been given over £15,000 by authorities which she was not entitled to.

Sheriff Chris Shead said the amount was significant and that Court had to consider a custodial sentence.

However, McPhee's poor health was also taken into consideration and the Sheriff decided to impose a restriction of liberty order instead, whereby she will have to stay indoors at her home between the hours of 9pm and 7am for the next nine months.

McPhee, 63, Pilkham Court, previously admitted that between August 16, 2013 and November 20, 2017 at her home address, she did, with a view to obtaining any benefit, knowingly make to officials of Department of Work and Pensions a false statement or representation, namely on ESA1 that she was not in receipt of an occupational pension, the truth being that she was in receipt of occupational pensions from the Railways Allowance of £11,067.16 to which she was not entitled.

Also, between November 2, 2009 and April 1, 2018, she did, with a view to obtaining any benefit, knowingly make to officials of Fife Council a false statement or representation, namely on a Fife Council application for Housing Benefit, Council Tax Benefit, second adult rebate and discount form that she was not in receipt of a personal pension, the truth being that she was in receipt of occupational pensions from the Railways Pension Scheme and from Prudential and she did thereby obtain Housing Benefit and Council Tax Benefit of £4,293.73 to which she was not entitled.

Defence solicitor, Brian Tait, said his client was widowed in 2002 and that it was her late husband's pension that she began receiving.

"She was working as a cleaner at that time and was not claiming any benefits," he explained.

"She has suffered from depressive illness and it was decided that the money would be paid to her daughter, so she could control that. Accused was then a home carer for a period but when her health deteriorated further she began claiming benefits.

"She comes to Court aged 63 having never been in trouble before.

"Ms McPhee has looked at this money as her deceased husband's pension and she is virtually bedbound at the minute.

"The effect for her is that she would lose her specially adapted home if she were to serve a custodial sentence.

"She is noted as being vulnerable in a custodial setting, she is making payments and there are other alternatives to custody."