A BARMAN claimed dole money while working full-time and earning up to £400 a week, York magistrates heard.

Jonathan Cripwell, prosecuting, said that Darren Paul Philips's repeated false declarations that he was jobless netted him £3,801.98 in Jobseekers' Allowance he was not entitled to.

Philips, 32, of Stuart Road, Acomb, York, pleaded guilty to benefit fraud and asked for 37 similar offences to be taken into consideration.

Magistrates told him the only reason they had decided not to jail him was because it was his first offence and he had admitted it.

They ordered him to do 120 hours' community punishment instead and pay £100 prosecution costs. Mr Cripwell, appearing for the Department of Work and Pensions, told York magistrates that it would ensure Philips repaid all the benefit he had received which he was not entitled to.

He said that the barman got dole money at various periods between March 1999 and October 2002.

But between June 2000 and June 2002, he was working full-time behind the bar at Ye Olde Star Inne in Stonegate, York, earning between £48 and £398 a week.

He also had two other jobs between March 2000 and August 2002.

They read a pre-sentence report giving details of why Philips committed the offences before passing sentence.

For Philips, Jane Maloney said he had now got a job working five days a week at the Royal York Hotel.

Mr Cripwell said the Department of Work and Pensions would ensure that Philips repaid the £3,801.

Updated: 08:34 Friday, March 21, 2003