Caught digging the garden: the 'wheelchair bound' fraudster who claimed £77k in benefits

Leonard Staniland said osteoarthritis had left him confined to a wheelchair and needing round-the-clock care. But he was filmed by investigators bending over flower beds, climbing ladders and carrying patio slabs.

The 62-year-old falsely claimed incapacity benefit, income support, pension credit, council tax benefit and disability living allowance over a seven-year period.

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Yesterday, a judge jailed him for a year and ordered he pay back the £77,407 he swindled from the taxpayer or face a further 18 months in prison.

It means he will have to sell the £220,000 home he shares with his wife in Tamworth, Staffordshire.

Staniland began claiming incapacity benefit legitimately for a bad back in 1989. By 1993 he said he needed round-the-clock help from his wife Susan, 55, because of osteoarthritis and high blood pressure, and he was granted disability living allowance.

But in 1998 his health had improved enough for him to begin working as a gardener and handyman, mainly for neighbours.

He earned up to £200 a week but continued claiming benefits.

Stafford Crown Court heard he even wrote to his benefits office demanding an increase in his payment because he was severely disabled and suffered frequent falls.

Investigators from the Department for Work and Pensions were eventually tipped off in 2005 and began filming Staniland as he worked - without a wheelchair in sight.

Prosecutor Rhona Campbell told the court: "Surveillance was carried out and he was observed working perfectly actively.

"His skills were quite extensive. He climbed ladders to paint houses, helped people move house, laid slabs and painted patios and ceilings.

"He did all this while he was on a disability living allowance related to having a high mobility need.

"He sent in forms saying he had great difficulty with mobility and that was plainly not the situation."

At a hearing last month Staniland admitted four counts of benefit fraud and two counts of dishonestly obtaining council tax.

Darren Whitehead, defending, said the money had been used for day-to-day living and had not been spent on "luxuries". He added: "His wife wouldn't attend court because she is disgusted and ashamed of what he has done. He has jeopardised their retirement together as their property is going to be taken away from them."

Judge Mark Eades told Staniland he was guilty of "deliberate and positive deception", adding: "You persuaded yourself that you were entitled to these benefits.

"It was your own decision and you must now stand up to that decision and face the consequences."