A former disability support worker who defrauded Centrelink of more than $90,000 in parenting payments has been spared jail.
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Mum-of-two Allison Dalton reaped $92,839 more than she was entitled to between September 2012 and March 2018, while working part time for Victoria's Department of Health and Human Services.
The 42-year-old cried as she was convicted and sentenced to 21 months' jail in the County Court on Friday, after pleading guilty to obtaining a financial advantage from the Commonwealth by deception.
But she will not have to serve any time after Judge Patricia Riddell agreed to release her immediately on a court order requiring that she is of good behaviour for two years.
Dalton was eligible for a parenting payment but falsely declared her income 52 times, meaning she was overpaid $91,382 over five-and-a-half years.
She also received $1,457 in the form of a pensioner education supplement between June 2016 and April 2017 despite not being entitled to it.
Judge Riddell noted Dalton had often lived week-to-week and said there was no suggestion of a lavish lifestyle.
Centrelink sent her a debt letter after data-matching information with Australian Taxation Records in 2016.
Judge Riddell labelled the wording of the letter unfortunate, as it said no further action was required by Dalton.
But she had been told to advise Centrelink within 14 days of her circumstances changing and failed to do so.
Dalton was remorseful, on a plan to repay the money and was highly unlikely to offend again, the judge said.
The woman is the primary carer for her two daughters, aged 10 and three, and has anxiety, depression and symptoms of borderline personality disorder.
She quit her job as a disability support worker in 2018 and was accused of assaulting a patient. That charge was later withdrawn.
Judge Riddell said jail time would only exacerbate Dalton's fragile mental health and leave her children without an appropriate carer.
Their father has alcohol and mental health problems, and does not contribute to the girls' care.
Australian Associated Press