A builder who claimed disability allowance while working on scaffolding has been spared a prison sentence to save the taxpayer spending even more money on him.

John Smart told benefits bosses he could barely walk without the aid of sticks or crutches.

At the same time he was working as a building site manager climbing ladders and working on roofs.

He claimed more than £12,000 as part of what judge Anthony Niblett described as a “deliberate and flagrant fraud” between 2001 and 2006.

Smart, 58, had suffered from osteo militis since falling from a tree when he was a child, Hove Crown Court was told.

He made a legitimate claim for Disability Living Allowance (DLA) which was approved in 1991 but this was not reviewed until 2006.

Although he was allowed to work he should have notified the Department for Work and Pensions (DWP) if his mobility improved.

Smart, of Brook Close, Crowborough, admitted failing to notify a change of circumstances and claiming £12,683 in DLA and Jobseeker’s disability premium over six years.

He suffered a series of strokes in April this year which means he now cannot walk far without crutches and needs continuing medication.

Nicholas Hamblin, prosecuting, said benefits officials were tipped off about Smart working on building sites and they looked at his employment since 2000.

They discovered Smart had worked for three different building firms in the Lewes and Uckfield areas between 2001 and 2006.

Employers were asked if they had any photographs of Smart at work and one provided a snap of him on rooftop scaffolding.

Tony Loader, defending, said Smart had used a mechanical hoist to get onto the scaffolding and that his crutches were up there with him.

Mr Loader added: “His initial claim for benefit was genuine and one to which he was fully entitled.

“Receipt of this benefit does not prevent someone from working provided the work is consistent with the declared medical information.

“He is a very proud man who did not like claiming benefit and worked when he could. This has not led to any sort of extravagant lifestyle.”

Smart was given a 12 month prison sentence suspended for two years and will have to do 250 hours unpaid community work.

He must wear an electronic tag, stay indoors for between 8pm and 7am for six months and was ordered to pay £250 costs.

Judge Niblett said: “You are a thoroughly dishonest man who claimed to be significantly disabled and virtually unable to walk.

“In fact, you were working as a carpenter and site foreman on building sites, declaring to your employers that you had no health problems.

“The irony of this case is that you are now, indeed, a sick man.

“If I pass a prison sentence you would have to be placed on a medical wing to serve it.

“You would become a considerable burden to the prison service and at a considerable cost to the taxpayer.

“I am just persuaded to suspend that sentence to allow you to recompense the community you have defrauded over many years.”

Speaking after the sentencing, anti benefit fraud minister Helen Goodman said: “Lying to the DWP to get money you are not entitled to is a crime and expecting to get away with it is criminally stupid.”