A DISABLED councillor has been forced to resign after the Benefits Agency threatened to reduce his incapacity allowance.

Sam Holgate, 40, independent councillor in Lowerhouse, Burnley, said today: "I had no option but to resign. I have to put my family first."

His situation was described by councillors as being "against the Equal Opportunities Act" and "discrimination against the disabled."

The case has being taking up by Burnley MP Peter Pike.

At his home in Rutland Avenue Coun Holgate said the situation had arisen because of the increase in attendance allowances for Burnley councillors.

Councillors now received £300 a quarter, which takes Mr Holgate £13 a week above the amount he is allowed to receive in incapacity benefits.

Last year councillors received £10.50 for each meeting they attended and he was able to remain within the limit.

The rise was passed, despite opposition from Coun Holgate and other independents.

He and other independents had voted against the change in the system but it had gone through.

He said: "I blame both the council and the Benefits Agency. This was my second year on the council and I would have stood for re-election next year. I have always wanted to be a councillor but now I have been forced to resign. I feel I have been discriminated against because I am disabled." A former window cleaner, Mr Holgate lost a knee after going into hospital for an operation for a football related cartilage injury.

At last night's council meeting fellow Lowerhouse ward councillor Eddie Fisk said it meant that a disabled person could only be a councillor if they were very wealthy. Coun Stephen Wolski said it was a clear breach of the Equal Opportunities Act.

He added: "People should not be stopped from serving as a councillor, he has been discriminated against."

Council leader Stuart Caddy said the council had not breached the Equal Opportunities Act but the situation was totally unacceptable that someone had been discriminated against.

He said: "It has already been taken up by our MP. I won't let it rest for Coun Holgate or anyone else."

The Benefits Agency was unavailable for comment today.