A HEYSHAM restaurateur has been jailed for one year after he 'blatantly swindled' more than £30,000 of public money by cheating on benefits.

Brian Street, of Main Street, Heysham, who runs Squirrels Bistro in the village, claimed disability living allowance and income support because he could barely walk.

But an investigation by the Department of Work and Pensions captured him walking, cooking and serving customers.

The 61-year-old appeared before Preston Crown Court on Monday, having been committed for sentence by Lancaster Magistrates for two offences of falsifying documents and two of failing to notify a change in circumstances.

The offences covered a six and a half year period from March 1998 to September 2004 and involved just over £30,000. He asked for 263 similar offences to be taken into consideration.

The court heard that Street had received Income Support since at least 1992 on the basis that he was doing no work, paid or unpaid, and had no other income. He also claimed disability living allowance from 1994.

David McLachlan, for the Department for Work and Pensions, said part of the benefit was paid out on the basis that Street needed help with bodily functions, was unable to walk and suffered from arthritis and a heart condition.

Over a period of time numerous claim forms were filled in for income support, failing to declare that he was in fact working.

The court was told that the defendant worked on the Morecambe Festival Market from February 1998 to June 1999, on a regular basis, four days a week from 9am to 4pm.

He had a stall selling farmyard orientated gifts and was seen striding around the market without any apparent problems.

He went on to run Squirrels Bistro in Heysham, where he was the chef and main operator.

Mr McLachlan said an allegation was made to the authorities that Street was a chef and ran a business. Investigation began in May 2004 and surveillance work was carried out.

"The defendant was observed working in the bistro on numerous occasions. On those occasions he wore a chef's apron and trousers," he told the court.

"At no time during observations did it appear he had any physical disability or require any assistance. He was seen walking and working and appeared fit and able bodied."

In interview, Street accepted having been dishonest because he was short of money.

Sarah Booth, mitigating, said that in 1994 Street was suffering from numerous conditions including asthma, bronchitis, osteoporosis in his foot and diabetes.

He received treatment and even underwent surgery. That was the stage where his condition improved and he should have notified the authorities.

Ms Booth said: "Effectively, he was on the wrong benefit and the wrong amount. He has made a series of foolish and dishonest decisions in relation to his benefit and accepts fully that he should, at the very first opportunity, have informed those concerned that his condition had changed."

Judge Peter Smith told Street: "You have blatantly swindled over £30,000 of public money. It seems you have no motive other than personal gain or family gain."