A BENEFIT cheating mum has been spared jail after fraud investigators found she swizzed the taxpayer out of nearly £31,000.

Carole Payne had been banking benefits for housing benefit and council tax because she was a struggling single mum.

But the mum of six kept quiet about her marriage to Philip Payne in 2007 and so illegally received thousands of pounds.

Southampton magistrates were told how Eastleigh Borough Council was tipped off that she had been living with her new husband.

Investigators found Payne had fraudulently claimed nearly £31,000 of benefits over a five year period between 2007 and 2012 because she never declared her change of circumstances.

The 46-year-old was overpaid housing benefit of £26,148 and council tax benefit of £4,790.

Payne, of Campbell Road, Eastleigh, whose maiden name was Ireland, has six children aged 17 to 29.

Payne, who works as a carer, pleaded guilty to the fraud allegations.

Andrew Coley, defending, said Payne's husband Phillip worked as a long distance lorry driver and was away for stretches, leaving her responsible for her children.

He said: “It is in this context that this course of practice takes place.

“The claims were not fraudulent from the outset, she was entirely able to claim and the claim was properly made. “The difficulty was that the claim should have been changed from the marriage but it did not.

“She accepts fully that she had been a complete idiot.”

Payne is paying back the money she cheated at £200 each month.

Magistrate Chris Fry said the amount involved in the fraud meant jail.

But he suspended a six week custodial sentence for one year because of her remorse, the early guilty plea and her attempts to make a repayment.

She was also ordered to carry out 120 hours unpaid work and pay a contribution of £500 towards the borough council's court costs.

A borough council spokesperson said: “The council takes the issue of benefit fraud extremely seriously.

“The outcome of this case should act as a strong warning to other people who may be tempted to claim benefits to which they are not entitled.

“The council will not hesitate to take action to protect public funds.”