Clive Miller
A FORMER Enniskillen soldier, who falsely claimed almost £40,000 in benefits, while he had almost £300,000 in bank accounts and two properties in Spain, will be sentenced in February.
Invalided ex soldier 47-year-old Clive Miller from Coleshill Crescent in Enniskillen pleaded guilty to four charges of failing to declare a change in his circumstances in a period from May 2002 to September 2010
Two separate charges of ‘money laundering’ were to be left on the books, Dungannon Crown Court was told.
Miller was funding the mortgages on a Spanish apartment and bar in Alicante. while in receipt of Housing Benefit and Income Support.
The court was told that that one of the properties now in negative equity.
Miller admitted that on a date between May 9 2002 and September 1, 2010, he claimed income support while dishonestly failing to declare a change in his circumstances that he knew would affect his entitlement to the benefit.
This charge accused him of not telling the Social Security Agency that he had commercial and residential property in Spain.
The defendant, who appeared in court in crutches, also admitted a second similar charge that stated that between the same dates he claimed income support while dishonestly failing to declare that he had additional sources of income.
Miller also pleaded guilty to a charge that on a date between December 22, 2003, and September 5, 2010, he dishonestly claimed housing benefit while failing to declare that he had commercial and residential property in Spain.
And he pleaded guilty to a charge that between the same dates he dishonestly claimed housing benefit while failing to declare other sources of income.
A fifth charged alleging that on a date between March 1, 2004 and April 30, 2013, Miller was in possession of criminal property, namely £151,647.13 in a Santander bank account, was to be left on the books.
A sixth similar charge that states that between March 24, 2003 and April 30, 2013, Miller was in possession of criminal property, namely £130,814.79 in an Ulster Bank account.
That charge alleges that the money constituted additional income and he failed to declare it to the Social Security Agency or HM Revenue and Customs and it was also to be left on the books.
Prosecution lawyer Michael McAleer told the court that Miller was in receipt of additional sources of income and had a house and a bar complex in Alicante in Spain.
He said police had got a number of documents that were connected to property Miller had in Enniskillen and in Spain after the initial investigation began in October 2009.
The defendant was getting Disability Living Allowance, Income Support, Industrial Injuries and Housing Benefit in a period from 2002 to 2010.
He had not declared that he owned property in Spain or that he had cash in bank accounts.
In March 2005 Miller and his wife had bought an apartment in Alicante for €178,000 on a mortgage.
In June 2006 they bought another property for €156,000 which was also mortgaged, but neither transaction was declared to the Social Security Agency.
Mr McAleer told the court that in a period from 2002-2010 a total of £173,661.16 of Social Security payments had been paid into an Ulster Bank Current Account belonging to the defendant.
There was also a total of £130,000 cash in the same account that was not accounted for. Miller had been overpaid a total of £19,000 in Housing Benefit and slightly over £20,000 in Income Support in that eight-year period making it a total of almost £40,000 of an overpayment in benefits, the Court was told.
Mr McAleer said the Prosecution would be looking for a Confiscation Order in due course.
Defence Counsel Conan Rea told the court his client had pleaded guilty well in advance of a trial.
The court heard that Miller had a previous conviction for theft when he was a juvenile and had a number of minor motoring offences including obstruction of police.
The defendant was also given a suspended sentence for passing currency under the Forgery Act in the Republic in 2001.
Mr Rea said his client had suffered severe lower back pain and produced medical evidence from a Dr Cathcart.
“I ask you to accept that he is severely incapacitated and has serious mobility problems.”
As a consequence, his client could not be considered for community service or any Probation Orders.
The total overpayment from social security came to just over £39,000, the court heard. His client was still legitimately receiving Disability Living Allowance, and Industrial Injuries Allowance and the court should bear this in mind.
At the time of the commission of the offences his client had gambling and alcohol addictions issues for which he got treatment in 2008.
Mr Rea said that while the custody threshold had been passed, he asked the court to leave something hanging over his client.
Judge Paul Ramsey said he would pass sentence in the case on February 8 in Dungannon Crown Court.
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