A COUPLE has been jailed after receiving more than 24,600 in income support while secretly receiving thousands each month in rental income from properties they owned in Ireland.
Caroline and Gerard Kelly (61 and 59) were handed sentences of 18 and 12 months respectively at the Royal Court yesterday.
Mrs Kelly admitted giving false information on her and her husband’s income, bank accounts and property as well as failing to notify the Social Security Department of changes to their circumstances, while Mr Kelly admitted a single count of receiving money he was not entitled to.
The couple committed the offences over a period of more than two years – using the money in part to pay for their social housing rent.
The court heard that Mrs Kelly re-applied for income support in January 2022 after a prior unsuccessful attempt, while her household consisted of herself, her husband and their adult son.
During her application she failed to inform the Social Security Department of several bank accounts, as well as two mortgage-free properties the couple had in Ireland with a combined value of more than €500,000 that regularly brought in €3,200 in rental income each month.
Crown Advocate Emma Hollywood, prosecuting, said that if Mrs Kelly had “honestly disclosed” their “significant financial resources” they would not have been entitled to the support they received- and that she had been intentionally “deceptive” in not doing so.
The second offence Mrs Kelly was sentenced for was failing to notify the department that Mr Kelly had returned to live with her after she had told them he had left Jersey to live in Ireland.
Because letters were sent to them both, asking for information about their application for income support, including about Mr Kelly’s Island Lotto Statements, Advocate Hollywood said Mr Kelly “must have been aware of his inclusion” in the income support.
Advocate Hollywood said: “Gathered evidence was submitted to determining officers for review to consider whether an overpayment had been made. In total, the defendants received income support benefits totalling £24,623.43, to which they were not entitled. As the earlier overpayment of £3,212.86 was repaid in full, an outstanding balance of £21,693.83 by way of overpayment remained.”
Defending Mrs Kelly, Advocate George Pearce said the “devoted mother and grandmother” pleaded guilty at the “earliest possible stage” and had expressed “remorse” for her actions.
He added that she acknowledges her “offending has had significant emotional impact not only on her but on her family” while at the same time accepting “fault for that lies fully on her shoulders”.
Meanwhile, Advocate Olaf Blakely said that Mr Kelly’s involvement was “lesser”, adding that he has been a “broken man” after he experienced a job redundancy that he “never really recovered from”, and that he had relationship difficulties with his wife and family.
Delivering the court’s sentence, Commissioner Alan Binnington, presiding, told the couple that many “hardworking” taxpayers will “rightfully” feel it is they who the pair have taken money from when “claiming income support while having substantial funds”.
While Commissioner Binnington said the court took into account her previous good character, letters from family members and the fact Mrs Kelly is involved in her grandchildren’s upbringing, he said: “It is often the case family members suffer because of defendants’ actions”.
The pair were also ordered to pay £1,500 in Crown Costs each, as they have already repaid the money they received they were not entitled to.
Jurats Entwistle and Powell were sitting.
