A BENEFIT cheat has been spared jail after paying back most of the £28,000 he illegally claimed.

Abdul Latif, aged 54, of Bamford Way, Bamford, admitted claiming incapacity benefit and income support despite having £40,000 savings.

At Bolton Crown Court on Thursday, he was given a ninth-month suspended prison sentence and a three-month curfew order preventing him from leaving his house between 9am and 7am.

Sentencing, Judge Charles Mahon said: "You knowingly failed to tell the authorities that you had money set aside well in excess of the permitted amount.  I have read your references and people speak well of you and you are well respected in your community."

The court heard how Mr Latif arrived in the UK aged 17 and soon after set up a clothing firm with his brother. But the company fell into problems when Mr Latif became ill and he had to give it up.

In 1997 he began claiming income support and incapacity benefit to care for himself, his wife and their three children. According to the rules, you are not entitled to the benefit if you have more than £16,000 in savings.

David Toal, prosecuting, said: "In terms of incapacity benefit, the relevant claim period is between 4 March 2003 and 8 September 2008. The total amount claimed improperly was £23,398.81.  In terms of income support, the relevant claim period is between 1 April 2005 and 4 September 2008. The total amount claimed improperly in terms of income support was £4,800.72."

The court heard that, when interviewed in 2008, Mr Latif, who has no previous convictions, said he understood the rules and said he 'maybe forgot to declare it.'

Mr Latif has repaid all of the income support cash and £14,000 of the incapacity benefit cash. He has agreed to return the rest of the money in the next few months.

Georgina Coade, defending, said: "He has sought to correct the mistake. He is an active member of his community and his local MP (Paul Rowen) has said he has been very helpful with canvassing during election campaigns."

Mr Latif pleaded guilty to two charges of failure to notify a change in circumstances on a benefit claims form.