A MUM-OF-SEVEN from Hatfield, who fraudulently claimed almost �35,000, was spared jail when she appeared before magistrates.

Karen Nicholls, of Fern Dells, was summoned to court by Welwyn Hatfield Council after she had failed to notify them, and the Department for Work and Pensions, of a change of circumstances, when her ex-husband moved back into the property and contributed to her bills.

Prosecutor Dawn Pearson told Central Herts magistrates Nicholls, 38, had claimed �27,432.80 in housing benefits, �2,245.87 in council tax benefit and had received �5,284.98 worth of income support, following the signing of a declaration that she was maintaining a common household and had separated from her husband.

If the details were to change she was to notify the council.

Mrs Pearson said the local authority discovered Mr Nicholls had actually been living at the family home through addressed insurance policies, Virgin Media bills and NHS documents.

“Importantly he was in full-time employment and contributing,” Mrs Pearson said.

However, Rebecca Napier from the probation service, told the court that the relationship was “very on-off”, had seen Mr Nicholls have an affair and she said he did not “significantly [financially] support” his wife, which eventually led to the defendant being prescribed medication to help with depression.

Mrs Napier said: “It [the offence] seems to occur due to difficulties with coping at the time.”

She added: “He was coming and going. He was there occasionally, but was not living there permanently until 2010.

“She does accept she should have disclosed he was there, she accepts the offence and she is aware of the seriousness.

“She has now set up ways to pay back her debt.”

Mrs Napier said Nicholls, who now works as a carer for the elderly and is in the process of moving homes, would not be suitable for a curfew and had not organised care for her children if she was to face jail.

Defending solicitor Mr Hardasty said Nicholls had no previous offences, had pleaded guilty at an earlier hearing on June 11, and showed “great remorse”.

He also argued there was no way of judging how much in benefits were “properly paid [to Nicholls] and how much weren’t”.

Chairman of the bench Alison Munroe sentenced Nicholls to 12 weeks in prison, suspended for 12 months, on conditions which included 12 months of supervision and 25 days of participating in Women’s Specified Activity Requirement – a programme for female offenders which supports and links with work being undertaken.

Nicholls was ordered to pay �200 costs.

Mrs Munroe said it had been a “deliberate act”, but Nicholls was making efforts to pay the funds back, had pleaded guilty, was moving, had a young family and elderly people who relied on her.

“Nevertheless the money involved was high and for that I had to consider custody,” she added.