A FORMER Clydebank bus driver who swindled the taxpayer out of almost £17,000 has been spared a prison sentence.

Simon McGinley claimed £13,573.66 in housing benefit and £3,135.66 in council tax benefit to which he was not entitled between September 12, 2009 and November 9, 2014.

The 60-year-old, of Crown Avenue, appeared at Dumbarton Sheriff Court for sentencing on Friday after pleading guilty at an earlier hearing to a single charge under the Social Security Administration Act of 1992.

Sentence was deferred until June 8 to enable background reports to be prepared.

McGinley admitted failing to tell West Dunbartonshire Council officials of a change in circumstances affecting his entitlement to benefits by not notifying them that he was living with his partner, who was in full-time paid employment at the time.

He originally faced a further accusation of obtaining £16,058 in income support payments to which he was not entitled, but his plea of not guilty to that charge was accepted by the Crown.

McGinley’s solicitor, Jonathan Paul, told Sheriff Maxwell Hendry: “He faces a very serious matter. His background in terms of his health explains his thinking process or ill-judgement. He hasn’t been in trouble before. He worked for 25 years and through wear and tear suffered a serious injury to his shoulder and arm which meant he had to stop work as a bus driver.

“He accepts that he had an obligation to inform the authorities, but I would suggest there was no real malevolence here.

“However, I’m not trying to diminish what he has done, and he recognises the very real prospect that you could give him a custodial sentence.”

Sheriff Hendry told McGinley: “I hear and accept everything Mr Paul says on your behalf, in particular your age and previously impeccable record, which is now marred by this offence. This was a significant sum of money, lost to the taxpayer and gained by you, and the High Court has made it clear that for this level of benefit a prison sentence is entirely appropriate.

“However, I am just persuaded that there is an alternative available.”

McGinley was handed a community payback order which will see him supervised by social workers for the next 18 months, and was told to carry out 180 hours’ unpaid community work by June 2019.

Sheriff Hendry added: “If you do not comply, the order will be revoked, and there is every probability I will have no option left but to send you to prison.”