A DEVOTED father who wrongly claimed £34,000 in benefits has been spared jail after a court heard he is the main carer for his sick teenage son.

Stephen Patrick Jacques, 52, of Eastbourne Grove, Tang Hall, York, claimed the money over four years, failing to reveal he had £20,000 in savings and a small job cutting grass for Osbaldwick Parish Council.

But speaking after the hearing at York Crown Court, Jacques told The Press how the money was never spent on luxuries, but on helping to care for son Stephen - who needs dialysis three times a week and is currently on the transplant waiting list for a new kidney.

Daniel was born with only one kidney, but lost it aged ten in a freak accident.

He came off his bicycle and another child riding behind him rode into his side, rupturing the kidney.

Jacques said: "St James' Hospital in Leeds was like his second home for six years and he had over 50 operations.

"I didn't realise I could have had help, I never asked for help and everything just became a mess.

"I once added the cost up. In a week you could spend £80 on travelling, parking and staying there.

"I wrote down how much it cost me in six weeks and it was £450, and that was the pattern for six-and-a-half years.

"I have never been abroad on holiday, I have had no lifestyle. As far as I am concerned, it ruined his life, made a mess of mine, but it was not right what I did.

"I could not have managed as it was, I had the mortgage, I had the kids."

Jacques said when Daniel's mum left they had shared custody, but Daniel and his sister spent the majority of time at their father's home and, as time went on, Daniel stayed with his father virtually all the time.

At York Crown Court, Robert Stevenson, prosecuting for the Department of Work and Pensions, said Jacques had claimed income support since 1998 on the grounds he had no more than £3,000 in savings and no job.

But his savings steadily mounted and in May 2003, he received a £15,000 inheritance that boosted them to £20,000.

He also had a £230-a-month seasonal grass-cutting job for Osbaldwick Parish Council from March 1999.

He did not tell the department about his job or his increased savings and received £34,499 in income support and council tax benefit between October 2001 and September 2005 he was not entitled to.

Judge Paul Hoffman said ordinarily Jacques would have been jailed but the court could not fail to have sympathy with his circumstances.

He said Jacques must at times have lived on the poverty line and, with his thoughts constantly on the long-term care needed for his son, would have wanted a nest-egg.

Judge Hoffman said: "I have enormous sympathy towards him (the son). I will show you mercy by suspending the sentence."

Jacques pleaded guilty to five charges of benefit fraud and was given a 12-month prison sentence, suspended for two years with two years' supervision and 300 hours' unpaid work.