Abberton and Secretary, Department of Social Services (Social services second review)

This matter concerned an appeal by Ms Abberton against the Secretary of the Department of Social Services regarding the cancellation of her carer payment and carer allowance. The dispute arose after the Department issued a notice under section 68 of the *Social Security Administration Act 1999* (Cth) requiring Ms Abberton to provide information, and subsequently cancelled her payments under section 81 of the same Act due to her non-compliance with this notice. The Administrative Appeals Tribunal (AAT) was tasked with determining whether the Department's decision to cancel the payments was correct.

The primary legal issue before the Tribunal was whether the Department was entitled to request updated information from Ms Abberton regarding her eligibility for carer payments and allowance, and consequently, whether her failure to provide this information justified the cancellation of those payments. The Tribunal also considered Ms Abberton's contention that the initial decision to grant her payments in 2011 was final and that the Department lacked the authority to demand further information.

The Tribunal reasoned that the core of the review was not Ms Abberton's initial qualification for the payments, but rather her response to the Department's information requests. It found that section 68(2) of the *Social Security Administration Act 1999* empowered the Secretary to authorise enquiries of recipients. The Tribunal noted that Ms Abberton had ignored both the initial enquiry notice and a subsequent reminder notice. While acknowledging that a response was not compulsory, the Tribunal held that failure to respond carried consequences, including the cessation of payments. The Tribunal also highlighted the policy rationale for such powers, which is to ensure the proper expenditure of public funds and to verify ongoing eligibility. The Tribunal found that Ms Abberton's assertion that her partner's condition had not improved and that no further medical updates were necessary, based on a 2011 AAT decision, did not negate the Department's statutory power to request current information.

The Tribunal affirmed the decision under review, finding that the Department was correct to cancel Ms Abberton's carer payment and carer allowance due to her non-compliance with the authorised information requests.