Woman who claimed €76k of dead mum’s payments ‘to keep her memory alive’ facing jail

Our exclusive pictures show Catherine Byrne leaving Dundalk Circuit Court on Thursday where Judge Daragh Hayes noted she ‘was not suitable for community service.’

Adjourning Byrne’s case for sentencing on October 8, Judge Hayes said he would request an updated probation report.

Byrne of McDonagh Park, Bettystown, Co Meath, had previously admitted stealing widow’s pension and carer’s allowance payments over an almost three-year period following the death of her mum in 2019.

She told investigators what she did was ‘a way of keeping her mother alive’ and that she would pay every penny back.

Ms Byrne, who has no previous convictions, had been charged with 59 alleged offences at West Street Post Office, Drogheda, on dates between March 8, 2019, and January 27, 2022.

Before Judge Dara Hayes she had pleaded guilty to four counts of dishonestly obtaining widow’s pension and five charges in connection with carer’s allowance.

The court heard that the defendant did not lead a lavish lifestyle as a result. It was borne out of pure emotion. She was very close to her mother with whom she lived most of her life.

However, the judge said he was concerned that the death had not been registered by Ms Byrne.

Garda Denise Clancy, who was attached to the Department of Social Protection’s Special Investigation Unit at the time, said she was informed of a complaint on February 2, 2022.

The accused’s mother had died in February 2019, but payments were still being claimed on her behalf. The death was never registered.

Ms Byrne was in receipt of a carer’s allowance and was a signing agent for the pension since 2008 and would collect both every week in varying sums of between €203 and €219 each.

Garda Clancy continued that she co-operated fully with the investigation, gave a voluntary cautionary statement and made a full admission. She said she had failed to notify the Department of her mother’s death.

In an interview she said it was a way of keeping her mother alive.

The total loss was €76,408.10 which included widow’s pension of €39,378.10 and €37,030 in carer’s allowance. A sum of €4,931 had been paid back. The defendant was having €34.80 taken out of her social welfare each week.

Garda Clancy said that Ms Byrne was in a relationship and had one daughter. She had expressed remorse.

There was no evidence of a lavish lifestyle because of this.

Barrister Ronan O’Carroll, instructed by solicitor Róisín Ann Courtney, said the aggravating feature was the amount. The defendant was not able to offer a lump sum in compensation.

She had been in a motorcycle accident in 1988, and more recently broke her right arm in a fall for which she was pursuing a personal injuries claim.

This claim was fully contested and there was no guarantee she would get anything from it but would use any award to pay back the money.

Mr O’Carroll submitted that this was a criminal act borne out of pure emotion.

It was not a crime of greed.

Ms Byrne lived with her mother most of her life and was ‘extraordinarily close’ to her.

She used the money to put flowers on the grave.

What occurred was out of character, and references from her daughter, partner and ex-husband spoke of a warm-hearted, kind and generous person.

Her partner was not aware that she continued to claim the benefits.

She also impressed the prosecuting gardaí.

Ms Byrne had been diagnosed with an immune disease and ‘through her own fault’ the court proceedings have had a heavy effect on her.

Judge Hayes said the death was not registered and it was his concern that it wasn’t registered ‘to mask the death to allow the claims to continue’.

Counsel said that Ms Byrne could not face it [registering the death]. The court was entitled to take the other inference.

However, Mr O’Carroll said they were dealing with an exceptional case.

He likened it to someone ‘maintaining a fantasy in their mind’ and ‘deluding themselves’ and allowing themselves to believe that a person hadn’t passed.

The case was adjourned to Thursday of this week for a community service report. Byrne’s remand on bail to October 8 is on the same bail terms as imposed previously.