Michelle Annette Humphrey pleads guilty to theft after claiming her late father’s pension

A Sunshine Coast woman who continued to claim her father’s pension after he died knew her responsibility to inform authorities about his death, a court has heard.

A Sunshine Coast woman who withdrew more than $16,000 from her father’s pension after he died has escaped being sent to jail.

Michelle Annette Humphrey, 55, pleaded guilty in Maroochydore Magistrates Court on Friday, September 24 to theft.

The court heard between January and August 2019 Humphrey dishonestly continued to withdraw her father’s pension, of which she was the legal correspondent nominee on his behalf, after he died in January, 2019.

There were 18 deposits made by Services Australia over the seven month period, worth $16,349.84 in total.

She would then deposit the money into her own account.

Humphrey, who had previously been employed by Services Australia prior to the offending, had accessed her father’s online account four days after his death in January 2019 and made a claim for an advanced aged pension, which was approved.

The court heard she made two advanced claims throughout the seven months of claiming her father’s pension while also claiming his normal payments.

Humphrey’s defence lawyer, Patrick Meehan, said his client had not spent the money on drugs or gambling.

Mr Meehan said Humphrey had been experiencing a lot of grief at the time due to her father’s death but admitted to taking the money and spending it.

Magistrate Rodney Madsen said the death of Humphrey’s father had a “substantial and significant effect” on her.

“You were not employed by Services Australia at the time of the offending however the clear inference I draw is that you have a much more complete understanding of the obligations in receiving … Commonwealth entitlements,” he said.

“The material provided by your solicitor makes clear that knowledge to some extent was not used by you in any sinister way.”

Mr Madsen said Humphrey’s actions were “relatively easy to commit” because the online system used for those accessing a pension was meant to be easy for those in need.

“The system is dependant on people’s honesty, it works efficiently and people require with all of their obligations,” he said.

Humphrey was sentenced to three months in prison, which was suspended for two years and she was ordered to pay $2000 for good behaviour.