A benefit cheat has escaped jail after failing to show up for unpaid work sessions.

Nicholas Ellis was handed a community order after admitting claiming benefits he was not entitled to in 2013.

He was overpaid just over £3,000 by claiming Jobseeker’s Allowance and housing benefit when he was working and employed by agencies.

Kirklees magistrates originally sentenced him to a community order but he breached this three times.

This was then revoked in November last year and he was re-sentenced to a suspended sentence order with 110 hours of unpaid work.

But the 27-year-old then missed sessions on May 13 and June 3 this year and gave no explanation for his absence.

Probation officer Karen Daniels told magistrates that his attendance had been sporadic and he still had 20 hours of unpaid work outstanding.

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Ellis’ solicitor Sajid Majeed admitted that it was the “height of stupidity” for his client to breach a suspended sentence order and he put himself at serious risk of going to prison.

He explained that Ellis, of Thorn Road in Thornhill, works as a window cleaner and his wife works on Sundays when he carries out his unpaid work.

Mr Majeed told magistrates: “His mum will take care of their child so that he can undertake unpaid work.

“Unfortunately on these dates he was unable to attend because his child was sick and his mum was unable to care for the child in that condition.

“This defendant had to take care of the child while his partner went to work and put himself in breach.

“He’s sorry for what’s happened. He has shown some willingness to attend for sessions to try and get these hours completed.

“If he goes to custody he is scared that he’ll lose his employment and home. It would be a significant loss to him and his family if he is sent to custody.”

Magistrates ordered him to complete an extra 20 hours of unpaid work as punishment. He will have to pay £50 prosecution costs.