Woman jailed for claiming dead father-in-law's pension for 28 years

A 73-year-old woman who falsely claimed her late father-in-law’s pension for more than 28 years has been jailed for two years.

Margaret Bergin, with an address at Fairfield House in Mountrath in County Laois, fraudulently claimed the state pension of John Bergin, who died in 1993 aged 82, to the value of €271,046 (£226,978).

Suspicions were raised in 2022 when an amateur gerontologist – someone who studies aging – carried out research in relation to a man who he believed was 110 years of age.

He contacted Áras an Uachtaráin (the residence of the President of Ireland) to enquire about records.

Welfare officers were shown a man in a bed
The court heard that when welfare officers visited Fairfield House in April 2022, they were told by Ms Bergin that her father-in-law did not wanted to be disturbed.

After being made to wait, officials were introduced to a man in bed with his shoes on who was much younger than Mr Bergin and bore no resemblance to him.

After her arrest, Ms Bergin admitted that it was her husband in the bed and that she had signed the documents.

Ms Bergin paid a sum of €35,000 in compensation in June but the dissatisfied judge adjourned the case to allow for a proper restitution to be raised.

Bergin was sentenced at Portlaoise Circuit Court to five and a half years in prison.

She will serve two years in jail with the final three and a half years suspended, after pleading guilty to 10 sample counts of theft and five sample counts of larceny.

Judge Keenan Johnson described the case as “an extremely serious case of theft and fraud, resulting in a large loss to the State”, according to Irish broadcaster RTÉ.

The court heard that Ms Bergin had been drawing her father-in-law’s pension for 28 and a half years after his death, between December 1993 and February 2022.

‘Felt trapped’
Defence counsel Damien Colgan told the court this week that Ms Bergin was providing an additional €40,000, adding “there just is no other monies available” and that the defendant could pay €50 a week from her pension.

However, it meant there was still an outstanding loss to the State of €196,046.28, prosecution counsel Will Fennelly explained.

Ms Bergin had been authorised to withdraw her father-in-law’s pension when he was still alive having been his carer.

Mr Colgan read out a letter of apology from Ms Bergin, which explained that she had made the huge mistake of continuing to collect her father-in-law’s pension after he had passed but that she felt trapped.

She said she was ashamed and embarrassed by her actions, pleading to the judge to “show me as much mercy as you can”.

‘Great regret’ to send grandmother to jail
The judge said there was “repetitive, deliberate and conscious efforts by the accused to defraud the state”, adding that Ms Bergin had “conscientiously and systematically defrauded taxpayers”.

Ms Bergin had “seriously undermined the reputation of the social welfare system by exploiting and exposing its vulnerabilities,” he added.

He said: “Every single year that the fraud went on, the accused actively perpetrated the fraud by forging the signature of the deceased.”

Delivering his sentence, Judge Johnson said it was “with great regret” that he felt duty bound to send a 73-year-old grandmother to jail.

The judge said the length of time the fraud was perpetrated was a “hugely aggravating factor”.

He said it was also clear her actions were “planned and premeditated”.

“Some people may feel that the sentence is too lenient and others may feel that it’s too harsh, however, I have tried to impose a sentence that is fair and equitable and which sends out a clear message.”

Regardless of circumstances, theft from the social welfare fund “is such a serious offence because of the damage it does to society”, the judge added.

“A custodial sentence, particularly where the theft is prolonged and significant as is the case here, will be unavoidable.”