A MOTHER-OF-TWO who dishonestly claimed nearly £50,000 in benefits has escaped jail.

Tina Anne Smith, 43, from York, admitted four counts of benefit fraud.

But yesterday, she was spared prison and instead ordered to do 180 hours' community service.

Sentencing, Judge James Spencer QC said Smith was not a "cynical, professional fraudster".

He said her crimes started when she got her partner's money mixed up with her own, but that she had then dishonestly continued to claim benefits she was not entitled to over several years.

Smith, of St Michael's Court, Acomb, dishonestly received weekly payments of between £68 and £120 from 1994 to 2001.

Judge Spencer said legal guidelines suggested an immediate custodial sentence, but he was required to consider if prison was really necessary.

He told York Crown Court: "I am satisfied that the money obtained was not used for high living."

He told Smith: "You have shown that you can work, and a community punishment is available.

"It will be work that will remind you every week of the error of your ways. I hope they work you very hard, so that you learn your lesson and so that other people learn that they cannot play fast and loose with other people's money."

Simon Hickey, defending, accepted the sums involved made a prison sentence likely, but had pleaded that Smith should be shown leniency for the sake of her 17-year-old daughter, and son, aged 20, who both live with the defendant.

Mr Hickey said their home, a housing association property, would "undoubtedly go" if Smith was jailed.

After the hearing, City of York Council had fradulently claimed income support and housing and council tax benefits.

But after an anonymous tip-off it was suggested she had a "considerable" amount of regular income and "substantial" capital in bank accounts.

The council said Smith was charged with nine counts relating to the fraud. She admitted four and the rest, which she denied, were stayed or not guilty verdicts were recorded.

Updated: 09:55 Thursday, May 12, 2005