TWO PENSIONERS who fraudulently claimed pension and housing credit have appeared for sentencing in Cornwall.

Kenneth Lambert, aged 75, of Bosloe in Mawnan Smith, and Patrick Martin Sherry, aged 71, of Dahlia Gardens in Bath appeared at Truro Crown Court on Thursday, September 29 2022 charged with a number of offences relating to dishonestly claiming and keeping both pension and housing credits.

The two pensioners appeared together, with Lambert appearing on charges of dishonesty make a false statement to obtain a benefit advantage, dishonestly fail to notify of a change circumstances affecting the entitlement to a social security benefit, dishonestly make a false statement to obtain a benefit advantage payment, and dishonestly fail to notify of a change in circumstance affecting entitlement to a social security benefit advantage.

Sherry appeared on one charge of dishonestly fail to notify of a change circumstances affecting the entitlement to a social security benefit and one charge of retaining a wrongful credit.

The offences took place over a period of five years, between 2012 and 2017 and, on once occassion, saw Lambert falsely claim to be Sherry in order to obtain pension credit, with Sherry wilfully keeping the claimed money.

During the sentencing, the prosecution also told the court how Lambert had claimed to own no property or land and had limited capital in order to obtain payments he would otherwise not be entitled to, while actually owning three properties, one with Sherry, and of which at least two were paying him rent.

The pair also purchased a property in France and Bath and failed to notify the Department for Work and Pensions and Cornwall Council of the change in circumstances.

Both Sherry and Lambert were interviewed twice and, in the second interview, Lambert admitted to making the call but claimed he was irrational due to his bi-polar.

Sherry appeared in court representing himself, while Lambert's defence told the court that this offence was something he'd "ever run away from."

Lambert's defence told the court Lambert had "made a series of very bad decisions" and put them down to "poor thinking in an attempt to get out of difficult times.

"The circumstances of his finances were so dire that in 2019 he was declared bankrupt.

"Sherry was not coping financially and he thought he could do better for Mr Sherry and up his income, which is why he did it.

In his sentencing remarks, Truro Crown Court Recorder, Mathew Turner, said: "You have both pleaded guilty to the dishonest obtaining of benefits.

"You knew you were not entitled to that money.

"This offending was fraudulent from the outset and was committed over a long period of time.

"I do consider there to be a realistic prospect of rehabilitation.

"It's clear that Mr Lambert is the primary offender here."

Lambert was handed down a sentence of six months suspended for 12 months, while Sherry was conditionally discharged for 12 months and made to pay costs of £330.

No order for costs or compensation was made and a victim surcharge is to be decided at a later date.