A MAN spent his days soaking up the sun on a holiday island — while continuing to claim more than £28,000 in benefits, a court heard.

James McKay and his wife, Anne, became residents of the Spanish island of Tenerife in February, 2006, but failed to notify the Department of Work and Pensions.

McKay continued claiming higher rate Disability Living Allowance and Income Support, money which is not payable to people living abroad.

Suzanne Gower, prosecuting for the department, told Bolton Magistrates Court that when investigators visited a house in Aldersyde Street, Daubhill, last October—which the McKays had given as their home address — the neighbours had never heard of them.

The house was owned by McKay’s brother-in-law, who had acted as collector for the couple’s mail.

Investigators contacted McKay at the home in Tenerife which his wife owned and he agreed to return to the UK for questioning.

He told them he lived in Tenerife but returned regularly to the UK to visit family, collect prescriptions and get treatment on the NHS which he would have had to pay for in Spain.

Altogether he had claimed £28,989 in benefits to which he was not entitled while living abroad, the court was told.

Magistrates heard that since he was caught, the couple have sold their Tenerife home and the overpayment has been repaid in full.

McKay, aged 60, of Kirkby Road, Heaton, pleaded guilty to two counts of failing to notify a change in circumstances.

Roger Taylor, defending, said McKay had taken early retirement and had moved to Tenerife in an attempt to deal with his wife’s alcoholism.

“He wanted to move her from the environment they had been living in. It was the people and life in Bolton they wanted to get away from,” said Mr Taylor.

He added that McKay, who is due to go into hospital next month for hip surgery, had wrongly believed he was entitled to claim the benefits.

“They have not paid sufficient attention to the rules,” said Mr Taylor.

But magistrates told McKay that they found his claim of ignorance of the benefit rules “unacceptable”.

They fined McKay £2,000 and ordered him to pay £100 prosecution costs and a £15 victim surcharge.

He was given 21 days to pay the amount in full.