A grandfather who falsely claimed more than £40,000 in income support, despite his wife owning three properties, has been spared jail.

Paul Jeary, 61, of Maidstone Road, Rochester, started claiming the benefit legitimately in March 2003 when he was unable to work due to illness.

But Maidstone Crown Court heard that between September 2004 and November 2010 his wife bought two buy-to-let properties in south east London. Jeary also inherited his father’s house following his death.

Prosecutor Francis O’Toole said the total income support claimed fraudulently was £41,420 at a time when the equity for all three properties was approximately £130,000.

Father-of-two Jeary, who suffers from an ear condition known as labyrinthitis which causes imbalance, admitted failing to notify a change in circumstances.

The court heard that his wife died from an aneurysm last year.

Imposing a 24-week jail term suspended for two years, with a six month electronically-tagged nightly curfew, Judge Philip Statman said he had been "thoroughly dishonest".

"This was a good claim that’s gone bad," he added. "Your late wife was involved in buying houses to let. It may well be that in terms of her level of involvement it was very much at the bottom of the pile, but your family was nevertheless in a far, far better position than other families struggling to exist."

Judge Statman added that while Jeary "richly deserved" to go to prison, he had taken into account his guilty plea, medical condition and the fact that Jeary has repaid £1,000, with the remaining amount likely to be recovered through civil proceedings.

Mark Smith, defending, told the court that Jeary leads a "sad and melancholic" life, often unable to leave his home because of his condition.

Mr Smith said Jeary lives mortgage-free in his father’s former house, which is worth £140,000. The two buy-to-let properties, which have tenants, were said to have total equity of £35,000. Jeary is expected to inherit his late wife’s estate.