A 52-year-old Orange woman on the disability support pension, who failed to declare most of her income for more than two years and received $43,178 she was not entitled to, has escaped jail time for the offence.
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Wendy May Gaston, formerly of Margaret Street, faced Orange Local Court on Monday charged with providing incorrect information to the Commonwealth.
According to court documents, Gaston was paid $51,723 in benefits between November 2011 and August 2014 due to her personality disorder.
She was employed as a disability worker at the time and earned $116,562 during the same period.
However, she only reported earnings of $23,798.
Centrelink found the discrepancy in September 2014 through a data match with the Australian Taxation Office.
Gaston, now unemployed, has already repaid $7264 through her benefits.
Solicitor Rebecca McIlveen said her client had no criminal record, but she had “come out of the tail end” of a 34-year marriage to a verbally abusive husband and suffered a mental breakdown.
“She turned to illicit substances,” she said.
Ms McIlveen said Gaston had used cannabis for 35 years and also struggled with alcohol and gambling.
“It was at its height [during] the period,” she said.
Ms McIlveen said her client now resided in Shalvey, near Blacktown, with her partner and had sought help.
“She’s said stable accommodation has allowed her to seek help for her lengthy health issues,” she said.
She said once her client could access her superannuation in eight years’ time, she intended to repay the remainder.
You did set it up and continued the offending behaviour.
- Magistrate Robbie Williams
Magistrate Robbie Williams warned Gaston the penalty could be up to a year in jail and noted the length of the offence.
“You did set it up and continued the offending behaviour,” he said.
But Mr Williams took her early guilty plea and age into account, placing her on a 12-month good behaviour bond and ordering her to repay $40,204.
If she fails to comply with bond conditions, she will face four months in jail.