BENEFITS cheat Brent Perkins, who claimed nearly £10,000 of incapacity benefits despite the fact that he boxed and exercised at a gym, has escaped going to prison.

The dad arrived at Cheltenham Magistrates' Court with the aid of a single crutch.

But during a surveillance operation by the Department for Works and Pensions he was watched walking unaided, carrying a child, boxing and attending spinning classes at a gym in Barnwood.

The 50-year-old, of Copperfield Close, Matson, was the subject of surveillance in January, July and August 2009.

He pleaded guilty at an earlier hearing to wrongly claiming disability living allowance and income support, amounting to £9,217.40p, between February 2009 and February 2010.

District Judge Joti Bopa-Rai sentenced him to eight weeks' jail, suspended for two years. He was also made the subject of a four-month curfew and ordered to pay prosecution costs of £100.

Perkins was said to suffer arthritis of the knee, back problems following an injury and depression.

Prosecuting solicitor, Tim Burrows, said: "In 2005, the defendant was virtually unable to walk and needed constant support, but his health improved and he failed to notify the department of those improvements, which he is required to do.

"Information was received in June 2008 that the defendant was not disabled.

"He was seen walking unaided to his car, lifting bags into the boot and he joined a gym where he took part in spinning and boxing classes and stretching exercises."

Defending solicitor, Nicola Berryman, said: "This is not so much a case of my client acting fraudulently but he has been culpable of not keeping the department informed of his fluctuating state of health."

District Judge Bopa-Rai told Perkins: "The amount you claimed wrongly was substantial."

Perkins said afterwards: "I went to the gym after my doctor told me to try something but I couldn't do anything there. I am already paying the money back, but I live on £85 a week."