A SWIMMING teacher who wrongly claimed disability benefit while acting as team manager of an England water polo team has been spared jail.

Joanne Kirk was given a 40 week prison sentence suspended for one year at Bolton Crown Court.

She was also ordered to undertake 80 hours of unpaid work.

Kirk, aged 49, was earlier found guilty of dishonestly notifying the Department for Work and Pensions about a change in her circumstances.

The court was told that between October 18, 2001, and November 5, 2013, Kirk dishonestly claimed £55,290.96.

She had originally claimed for disability living allowance in 1996 because she had been diagnosed with Lambert Eaton Myasthenic Syndrome, which results in muscle weakness.

Kirk then completed another claim form in 2007 reiterating complaints in “largely the same way as the 1996 form”.

She said that she could only walk for about 50 metres before being in severe discomfort.

The court was also told that in both forms, Kirk stated that she frequently needed to use a walking stick.

But no witnesses could recall a single occasion between 2001 and 2013 when she had used a walking stick.

Investigators from the Department for Work and Pensions launched an investigation and subsequently obtained video footage played to the jury showing Kirk carrying a large bag at a swimming event in Manchester.

In 2001 Kirk had found part time work as a swimming teacher for school children in Liverpool, where she continued to work until 2006.

In addition, she acted as team manager for the England under-17s girls water polo team from 2010.

Judge Graeme Smith told Kirk: “You have never denied being aware of your obligation to notify the DWP of any changes to your requirements, but have maintained that your requirements did not, in fact, change.

“There has been no suggestion by you or by any of the witnesses that your mobility or care requirements materially improved between 2001 and 2013.

"To the contrary it was your position that they varied from day to day but that the overall condition was the same throughout the period.”

Judge Smith said the role of water polo team manager, which saw her travel around Europe, and her job as a swimming teacher were “nothing like managing a football team”.

He added: “They were essentially an administrative and pastoral role which did not involve any coaching responsibilities.

“Apart from the payment of expenses, they were voluntary roles, and although they clearly provided a benefit to you, that does not detract from the fact that, as stated by the other witnesses involved in those activities, you worked hard and conscientiously and in my judgement provided a clear benefit to the public.”

Judge Smith paid tribute to Kirk, who he said has “had to face considerable adversity”, for trying to live a normal life, despite her condition.

He said: “All of the witnesses in the case who know you testified that you were someone who got on things without complaining.

"Indeed many of them were unaware that you suffer such a serious condition.”

The court was also told that Kirk, who lives at Bolton Old Links Golf Club with her husband who is a steward there, has since been banned from the establishment's clubhouse because of her conviction.

A spokesman for the DWP said: “Benefit payments should go to those who really need them.

“We know it’s a small minority of people who commit benefit fraud — but deliberately not informing us of a change in your condition that may affect your claim is a crime.”