A PENSIONER with no previous convictions was prosecuted by a local authority for benefit fraud despite offering to repay the money.

Blackburn magistrates heard that Robert Alexander Fleming fell foul of the regulations when a £50-a-week occupational pension began when he was 65 years old. He failed to tell the authorities and continued to receive housing and council tax benefits.

But Kevin Preston, defending, said it had been an oversight rather than a criminal act.

"He offered to take out a personal loan to pay back the full amount, but the council decided to prosecute," said Mr Preston.

Fleming, 66, of Rothesay Road, Blackburn, pleaded guilty to two offences of making a false statement to obtain benefit. He was given a conditional discharge for six months and the magistrates made no order for costs.

Alan Fairhurst, prosecuting on behalf of Blackburn with Darwen Borough Council, said Fleming had received housing and council tax benefit on the basis that his sole income was the state pension.

Information later came to light that on his 65th birthday Fleming had started to receive an occupational pension of £194 each month. Mr Fairhurst applied for £465 costs and a compensation order for £1,209.

Mr Preston said his client had no previous convictions or cautions and while the law was "black and white" it had been hoped the matter could have been dealt with without prosecution.

He said since his retirement Fleming had been in receipt of benefits. "The forms came to his home, he filled them in, ticking the same boxes and sent them back," said Mr Preston.

"When he reached the age of 65 a private pension kicked in and he received £50 a week and he neglected to inform the local authority of that.

"The irony is that because he took out the private pension he is now financially worse off than if he hadn't bothered."