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A dad who cares for his epileptic daughter told the DWP he’d been paid too much in benefits and paid it back - but STILL ended up in court.

Sean McCabe had taken up a job and between January and May last year, he shouldn’t have received the state benefits he gets for caring for his daughter.

Teesside Magistrates’ Court heard how McCabe, from Billingham, was overpaid to the tune of £2,154.40 in income support and carer’s allowance.

But his solicitor, Brett Wildridge, said the only reason McCabe was in court at all was because he wrote to the Department of Work and Pensions to alert them to the error.

He said: “The investigation was a consequence of Mr McCabe alerting them. He writes to the department and says to them I’ve wrongly claimed benefits.

“His daughter suffers from epilepsy. Following an interview he paid £2,000 back in January and the remainder in February.”

Yet despite McCabe’s attempts to put things right, in August the DWP decided to prosecute.

“I have suggested that perhaps this matter could be delt with by a caution. Unfortunately that plea has fell on deaf ears,” said Mr Wildridge.

“Would he be before the court if he hadn’t informed them, I don’t know. I don’t know what more Mr McCabe could do.”

Despite this, the 45-year-old was charged with two counts of benefits fraud from January to May last year.

He admitted he had failed to inform the Department for Work and Pensions (DWP) that during the period, he had worked for Aycliffe Filtration and would not have been entitled to the benefits he receives for caring for his 32-year-old daughter.

Ember Wong, prosecuting, told Teesside Magistrates’ Court on Monday: “The overpayment from income support was £1,222.90. The overpayment from the carer’s allowance was £931.50.

“The defendant was in receipt of income support for himself his wife and two dependent children.

“He provides care for his daughter for 35 hours a week.”

Ms Wong said an investigation was launched by the DWP looking into Mr McCabe’s employment with Aycliffe Filtration, and his pay meant he was no longer entitled to the benefits.

Chairman of the bench Vivian Watson said she took into account Mr Wildridge’s comments, and gave McCabe, of Greenwood Road, Billingham, a conditional discharge and ordered he pay £20 in charges.