Cheryl Lorraine Miller defrauded Centrelink of more than $32,000 ‘out of need’, a court hears

An Elizabeth Park carer has avoided jail for fraudulently receiving more than $32,000 in Newstart out of “a matter of need”.

Cheryl Miller defrauded Centrelink of more than $32,000 while working for Dial An Angel. Picture: AAP/James Ross

An Elizabeth Park carer fraudulently received more than $32,000 in Newstart allowance out of “a matter of need” not greed, a court has heard.

Cheryl Lorraine Miller, 47, pleaded guilty earlier this month in the Elizabeth Magistrates Court to one count of obtaining financial advantage for self from the Commonwealth between February 23, 2015 and March 6, 2017.

Miller obtained an advantage “knowing or believing that she was not eligible to receive” and she “intentionally misrepresented her true circumstances and failed to correctly declare the amount of her income from employment to Services Australia”.

For the Commonwealth on Tuesday, Geni Tanda said Miller’s offending was a “sustained and deliberate fraud”, receiving $32,799.36.

She said Miller’s anxiety and depression “stemmed from these charges”.

“It’s not unusual in the circumstances,” Ms Tander said.

The court heard Miller’s life spiralled after she separated from her husband in 1998, leaving her with three children under the age of five.

Cheryl Lorraine Miller pleaded guilty in the Elizabeth Magistrates Court. Picture: File.

She then found a new relationship, before he took his own life in 2004, which was “extremely stressful” for Miller.

For Miller, David Stokes said the tragedy resulted in Miller suffering from manic depression and “suicidal tendencies”.

Then in 2015, she began working as a carer at Dial An Angel, but her income was “insufficient” to care for her children.

The court heard Miller travelled up to 800km a week visiting clients, and the company did not provide a fuel or travel allowance.

Paid fortnightly, Stokes said Miller “couldn’t balance the books”, incurring significant debts including school fees.

“She was always financially under pressure,” Mr Stokes said.

“It wasn’t a matter of greed, it was a matter of need.”

Miller eventually went bankrupt in 2017, which was discharged in August this year.

However, she began making repayments in September of 2018 to Centrelink “before she was interviewed for these matters”, he said.

She has since found employment at Pathways to Recovery

“My client is remorseful,” Mr Stokes said.

“She regrets the offending. She’s not likely to reoffend again.

“She’s making sure the Commonwealth get back all the money she’s had.”

Magistrate Mark Semmens said Miller’s life “has not been easy” but was glad she had begun repaying the money, and had planned to pay $100 a week to clear the debt.

“That is a significant sign of contrition,” Mr Semmens said.

“I can tell you’re very upset by today’s proceedings.”

Miller received a three-month suspended jail sentence with a three-year good behaviour bond, a conviction and will have to pay nearly $400 in costs.