OAP who claimed to be immobile jailed for benefit fraud after found playing sports

An elderly woman has been jailed for 14 months for claiming thousands of pounds of benefits which she was not entitled to. Maria Krawiec, 70, claimed she couldn't walk unaided but was caught out playing badminton and attending the gym.

The Department for Work and Pensions (DWP) launched an investigation after an anonymous tipster claimed she had been lying to claim benefits for over a decade. Krawiec, from Bathgate, West Lothian, Scotland claimed she was virtually immobile and unable to drive. However, investigators filmed her carrying out a number of activities, which proved she was exaggerating her disabilities. As reported by the Daily Record, they included her walking her dog, driving her car, playing badminton and regularly going to the gym for fitness classes.

They then checked her bank account to confirm she was receiving the benefits. The 70-year-old eventually pleaded guilty to dishonestly filling in claim forms for Employment Support Allowance (ESA) and Disability Living Allowance (DLA).

Amanda Kerr, prosecuting, told Livingston Sheriff Court that Krawiec falsely received £40,000 in Disability Living Allowance between January 18, 2008 and September 17, 2019. She was given a further £10,000 in Employment Support Allowance between May 21, 2013 and March 2, 2020.

As of February 3 this year, Krawiec had only repaid £292.36 by way of deductions from her State pension of £850 a month. Miss Kerr said that although she had been required to make honest declarations to the DWP, she repeatedly exaggerated her mobility difficulties.

In July 2011, Krawiec told officials that "my left leg goes away from me". She also claimed she was unable to use a cooker, it was dangerous for her to lift a heavy pot, her daughter had to help her shower and dress, and she struggled sleeping due to severe cramps.

Miss Kerr continued: "Surveillance was carried out between 19 August 2019 and 4 September 2022 where the accused was seen driving on her own, walking frequently without aids, walking her dog and attending at the gym to play badminton."

Krawiec also booked a holiday in September 2021 but did not mention any disability needs. She also boasted to people at the gym for going on a number of holidays every year.

Krawiec became a member of the Xcite gym in Livingston in September 2018. The gym confirmed she had enrolled for Body Pump, Body Attack and fitness classes and played both tennis and table tennis there.

She was also a member of the local badminton club for a number of years. She regularly drove herself to sessions and played twice a week.

Krawiec was interviewed by DWP fraud investigators in October 2019. She claimed she could not go without support and lied that she did not take part in physical activity.

She was then shown videos which showed her playing badminton and at the gym. She was sentenced after earlier pleading guilty to breaching the Social Security Administration Act 1992 by knowing making false statements to DWP officials.

Colin Neilson, defending, highlighted that the amount she had pleaded guilty to obtaining had been greatly reduced from the £102,000 she was originally charged with.

He said: "She accepts that she did exaggerate her conditions and it’s accepted that, given the level of repayment over almost two years, no significant dent has been made in the £50,000."

He added that Krawiec had two grown up children and four grandchildren. They regularly visited her but she lived a "very frugal existence" on her State pension. He added: "Her time is taken up by doing her best to remain as active as possible."

Passing sentence, Sheriff Valerie Mays told Krawiec: "Obviously you’ve committed a very serious offence. You claimed your mobility was significantly compromised and that wasn’t true.

"You took money from the public purse meant for people with significant health conditions and you paid back less than £300. You’re a first offender of previous good character, you show some remorse and the offences were committed some years ago so it’s a very difficult decision in this case.

"I do consider that your culpability in respect of the offences is high and I have considered the amount you received when considering harm. There’s a need to deter others and express society’s disapproval so I consider that there is no appropriate alternative but to impose a custodial sentence.”