eBay trader in court for benefit fraud

8:56am Thursday 14th February 2008

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SELLING goods on ebay landed unemployed Nigel Humphrey in court for benefit fraud.

Humphrey, of Swillbrook Cottage, Mintey, was given a two-year conditional discharge and told to pay £75 costs by Chippenham magistrates because he was using the Internet auction site while receiving housing benefit and council tax benefit from North Wiltshire District Council.

It said he also failed to tell benefit officers that he started a self-employed woodworking business and received an inheritance of nearly £25,000 and, as a result, he was overpaid benefit of £2,044.79.

However, it is understood that Humphrey's woodwork business was a hobby and the items he was selling on eBay were handmade bird boxes.

Although Humphrey, who suffers from mental anxiety, entered an early guilty plea and repaid the benefits as soon as the council informed him. He was still prosecuted on February 6.

Now Humphrey and his wife are leaving the county because they say they were unaware that it was illegal to use eBay while receiving benefits and say they have been victimised by the district council.

The pair are moving to Herefordshire at the end of the week to make a fresh start after what has been a 20-month legal battle.

A spokesman for the district council said: "We don't make our own rules up. These are issued by the Department of Work and Pensions.

"The campaign makes it clear, as do all the press releases we have issued, that it is the responsibility of the individual to make sure they report any changes in circumstances.

"We have to follow these guidelines to make it fair to everyone. I understand that the eBay issue is around significant trading on a commercial basis."

Although it is illegal to claim an income while on benefits, the couple say that they were never told that using eBay was something they had to declare and say that the guidelines for benefit fraud should be clearer.

A spokesman for the Department for Work and Pensions said: "There are lots of cases that have publicised this but people should be aware from the outset that if they have any income coming in they have to declare it.

"You have to see selling stuff on eBay in the same way as someone doing a part time job."