Woman claiming carer’s and disability allowance in dead son’s name gets suspended sentence

By Niamh O’Donoghue

A woman who continued claiming both Carer’s Allowance and Disability Allowance in her son's name after he died has been handed a suspended prison sentence.

Mary Hall (70) pleaded guilty at Dublin Circuit Criminal Court to two counts of theft on dates between May 25th, 2022 and November 30th, 2023.

The court heard that €26,562 was taken in the social welfare fraud. Hall, of Broadfield Avenue, Rathcoole, Co Dublin, has no previous convictions, the court was told.

On Tuesday, Judge Sinead McMullan imposed a sentence of two and a half years, suspended in full on strict conditions.

Detective Garda Ivan Cunnane of the Garda National Economic Crime Bureau told the court Hall’s son had leukaemia and she was receiving Carer’s Allowance in respect of him.

The Department of Social Protection became aware that her son died in 2022 and that she continued to collect his disability allowance.

He told Pieter Le Vert BL, prosecuting, Hall presented herself to gardaí and admitted she did not notify the Department of Social Protection, nor did she collect his death certificate as doing so “would have made it more real.”

Hall told gardaí she agreed she was not entitled to collect the payments, and the money was spent “on all things to do with my son” including bills, rent, and the funeral.

Det Gda Cunnane agreed under cross-examination that his client was paying back €40 a week and had sent a letter in June this year asking if there was a possibility of increasing the payment. Between €2,500 and €3,000 had been paid back.

He also agreed with Brian Storan BL, defending, that the Department of Social Protection has a grace period of 12 weeks in such cases.

Her son, who died of leukaemia, had difficulty with drugs, and she was a great support to him. Her other son died in 2002 of cancer.

“I didn’t want to believe he died…I’ve no children alive. I didn’t get one for my other son either. It would make it real,” Hall told gardaí.

Det Gda Cunnane further agreed Hall was very sorry for her actions. She worked before she had children and then divorced at 50 and is now retired. She was in private rented accommodation and is now in council accommodation.

In mitigation, Mr Storan said Hall had “turned a blind eye to receiving money she knew she wasn’t supposed to receive”.  But he said she was ashamed and remorseful and was making every effort to make matters right.

On Tuesday, Mr Storan said that the amount his client is repaying weekly is a “hardship she is will to withstand” in response to a query from Judge McMullan.

Judge McMullan noted that this offending involved theft from the State. She said while it was not “premeditated in the normal sense”, Hall was aware of what was happening, allowed it to continue, and spent the money.

The judge said Hall's bereavements “must have been and continue to be devastating”. She said Hall's consistent repayment of the money is also evidence of her remorse.

Having imposed the suspended sentence, the judge said one of the conditions was that Hall continue with weekly repayments.