A PREGNANT woman who dishonestly claimed almost £50,000 in benefits while in a violent relationship has been spared jail by a judge who described her as "disempowered and hopeless."

Kelly Birch, 35, of Hopyard Close, Leominster pleaded guilty to three counts of benefit fraud at Hereford Crown Court and not guilty to one count.

The court heard she dishonestly failed to notify authorities that she was living with partner, David Matthews, in relation to benefits she was receiving as a lone parent.

Between July 2008 and February 2014 she dishonestly claimed £16,712.58 in income support.

Between February 2009 and November 2011, she received an overpayment of £33,047.82 in housing and council tax benefit.

Marcus Harry, prosecuting, said in October 2007, Birch began receiving income support on the basis that she was a lone parent with dependent children, which was accurate at the time.

But in July 2008, her partner, Mr Matthews, moved in with her, and benefits started to be paid into a joint account.

She has three children, one of whom is autistic, and she is pregnant with her fourth, of which Mr Matthews is the father.

Stephen Thomas, defending, said it was a violent relationship and Mr Matthews had a conviction for violence against her.

He said despite this and that he took the bulk of the money, Birch continued trying to maintain a relationship.

Mr Thomas said she felt pressure from Mr Matthews to not make the correct declarations and she was also not able to say whether he would still be with her in the foreseeable future as the relationship "went from one disaster to another."

The court heard the money is being paid back.

Judge Daniel Pearce-Higgins said Birch is unfortunately still trying to make the relationship work, which he said is reflective of a woman who is disempowered, who lacks confidence and who needs enormous support.

He added: "She has family commitments. I can't deprive her children of their mother. They have got no-one else to look to. All I can do is encourage her to sever her link with Matthews and make such use as she can of the help that will be offered to her."

He gave her a community order for 12 months with one requirement of 12 months supervision.

She was ordered to pay costs of £535 and a victim surcharge of £60.