Benefits cheat who claimed she was immobile caught playing badminton and driving

A benefits fraudster who claimed thousands of pounds to which she wasn’t entitled after exaggerating her disabilities has been jailed.

Maria Krawiec, 70, was prosecuted after investigators from the Department for Work and Pensions (DWP) filmed her walking her dog, driving her car, playing badminton and regularly going to the gym for fitness classes after falsely telling officials she couldn’t walk unaided.

Her bank account was checked to confirm she was receiving the benefits and an investigation was launched into her claims that she was virtually immobile, unable to drive, unable to leave the house unsupervised and unable to walk unaided.

All her claims were found to have been exaggerated, and Krawiec pleaded guilty to dishonestly filling in claim forms for Employment Support Allowance (ESA) and Disability Living Allowance (DLA).

The DWP launched its investigation after an anonymous message informing them that Krawiec had been lying to department officials for more than a decade.

She was originally charged with receiving more than £100,000 to which she wasn’t entitled but eventually admitted getting half that amount.

Amanda Kerr, prosecuting, told Livingston Sheriff Court that as a result of her false claims Krawiec had received £40,000 in Disability Living Allowance between January 18, 2008, and September 17, 2019, and a further £10,000 in Employment Support Allowance between May 21, 2013, and March 2, 2020.

The fiscal added that as of February 3 this year, Krawiec had only repaid £292.36 by way of deductions from her state pension of £850 a month.

She said the accused had been required to make honest declarations to the Department for Work and Pensions, to answer questions truthfully and to declare any changes in her circumstance.

However, she repeatedly exaggerated her mobility difficulties and claimed she was severely disabled and unfit to work.

She went on to claim ESA on the basis that she was already in receipt of DSA.

Following a refusal in July 2011, she told officials “my left leg goes away from me” and claimed she was unable to use a cooker.

She also claimed it was dangerous for her to lift a heavy pot, that her daughter had to help her dress and shower and that she frequently had to get up at night because she suffered severe cramps.

“Surveillance was carried out between August 19, 2019, and September 4, 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,” prosecutor Ms Kerr said.

It also emerged that Krawiec had booked a holiday let in September 2021 but did not mention that she had any particular disability needs.

Investigators found she had also boasted to fellow gym members of going on several holidays a year.

The Xcite gym in Livingston, West Lothian, confirmed that she had been a member since September 2018 and had enrolled for Body Pump, Body Attack and fitness classes and played both tennis and table tennis there.

She was found to have been a member of the Lanthorn Badminton Club in Livingston for many years, regularly driving herself there to attend sessions, usually twice a week.

When she was interviewed by DWP fraud investigators in October 2019, Krawiec continued to claim she could not go out without support seven days a week and lied that she was never involved in physical activity at any time.

She denied playing badminton and claimed she only had gym membership so her granddaughter could go swimming there.

She was then presented with the videos which had been filmed by DWP investigators.

Krawiecz, from Bathgate, West Lothian, was sentenced after pleading guilty to breaching the Social Security Administration Act 1992 by knowingly making false statements to DWP officials.

Advocate Colin Neilson, defending, 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 said the accused had two adult children and four grandchildren who visited her regularly 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.”

Sheriff Mays imprisoned the accused for 14 months, discounted from 18 months because of her early guilty plea.