Man collected brother’s social welfare payment while he was living abroad

Two brothers have appeared before Donegal District Court on charges relating to the collection of social welfare payments. 

One brother spent three months in Lithuania receiving medical treatment while his brother collected social welfare payments on his behalf. 

Their solicitor stressed that the brother who was collecting the payment in Donegal, while facing a greater burden of charges, had not gained in any way. He had simply been helping his brother. 

Jevgenijs Abolins, 37, of 237 St Josephs Avenue, Donegal Town was before Donegal District Court on Wednesday. He pleaded guilty to stealing Social Welfare Jobseekers’ Allowance to the amount of €2,842 at Donegal Town Post Office from November 20, 2020 to March 13, 2021. The offence is contrary to Section 4 

His brother Pavel Abolinsh, 41, of 4 Woodvale, Rossylongan, Donegal Town was before the same court sitting. He pleaded guilty to three sample charges of paying out Jobseekers Allowance to the amount in respect of Jevgenis Abolins with the intention of making gain for another. The sample charges occurred at Donegal Town Post Office on December 2, 2020 (€406), December 9, 2020 (€203) and February 24, 2021(€203).

The offences are contrary to Section 6 of the Criminal Justice (Theft and Fraud Offences) Act 2001.

Inspector David Durkin told the court that  CCTV footage from the Post Office showed transactions for payments to Jevgenijs Abolins taking place while he was in Lithuania.

He said the defendant had confirmed that his brother Pavel had been collecting social welfare for him while he was in Lithuania. Pavel had been paying the money into the bank account of Jevgenijs. 

The inspector said that Jevgenijs had previously filled out a form nominating another person to collect his social welfare payment while he was on holiday. This, the inspector said, showed that Jevgenijs was aware of his obligation to notify the department if he was out of the country. 

The inspector added that the defendant had been fully cooperative. 

However, the defendant claimed that because of the pandemic he thought it would be different. The inspector added that Jevgenijs had claimed he left a form for his brother to sign as his advocate while he was away.

Inspector Durkin said that Pavel had also been fully cooperative. He claimed he had not known that his brother had not informed the department that he had left the country.

Neither defendant had any previous convictions. 

Solicitor Rory O’Brien that both defendants wished to apologise for their actions.
He stressed that there had been no intent from his clients to steal or defraud.

“They come unblemished before you,” the solicitor told Judge Sandra Murphy. “They are not criminals. They have made a poor error of judgement.”

He said that Jevgenijs had been in Ireland for 12 years and Pavel for 21. 

“They are very much part of the community,” said Mr O’Brien. “This is their home.”

He explained that Jevgenijs suffered a number of medical problems and had gone to Lithuania for treatment. Jevgenijs thought that he had mandated his brother to act as a temporary agent for him. However, the papers were never handed over. 

Pavel had been collecting his brother’s social welfare payments on the basis that he thought the form had been signed. 

“The money was not kept by Pavel,” said Mr O’Brien. “It was immediately handed over to Jevgenijs.

“This was a brother who asked his brother to collect his social welfare for him and he did that. “It was of no benefit to him of any nature whatsoever. He is unfortunately left with the greater quantity of charges. 

“It was money that if Jevgenijs had remained here he would be legitimately entitled to. It is not a fraudulent claim in that respect.”

Mr O’Brien appealed for leniency, saying his clients couldn’t have been more cooperative. 

“I am asking the court if there is a way for these men to move beyond this case without the anchor that would be around their necks for all time with convictions under the Theft and Fraud Act,” he said. 

Judge Murphy expressed concern that the payment in question was Jobseekers’ Allowance.

“The point of Jobseeker’s Allowance is that you should be looking for a job,” she said. 

“If something seems too good to be true, then it is too good to be true. You can’t be in LIthuania while claiming Jobseeker’s Allowance here. 

To me it is wrong and they knew it was wrong. The matter is how to deal with it.”

Mr O’Brien said that Jevgenijs intended to make restitution. 

Judge Murphy acknowledged the guilty plea, and that efforts were being made to repay the money. 

However, she added: “Were it not for Detective Deavin’s investigation this man might have returned from Lithuania and we would never have known and that is not something that we can allow to happen as a country.”
The case was adjourned to April 25 for repayment of the money and for probation reports.