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

This matter concerned an appeal by the applicant, Mr. Abdulhussein, against a decision of the Social Services and Child Support Division of the Tribunal regarding his entitlement to Newstart Allowance and Carer Payment. The dispute centred on undeclared income and unexplained cash deposits, with the applicant having not declared ownership of an investment property. The appeal was heard by the Hon. John Pascoe AC CVO, Deputy President.

The primary legal issues before the Deputy President were whether the applicant's investment property needed to be disclosed for the purposes of social security payments, and whether a constructive trust existed in relation to certain cash deposits. The Tribunal was also required to consider whether the applicant's circumstances justified the waiving of any debts incurred due to financial hardship.

The Deputy President determined that the deposits made into the applicant's Commonwealth of Australia savings account and home loan account should not be considered income for the purposes of calculating the debt. Consequently, the decision of the Tribunal in relation to Carer Payment was set aside and remitted to the Respondent for recalculation of the debt, with this specific direction. However, the decision of the Tribunal in relation to Newstart Allowance was affirmed. The Deputy President also found no special circumstances to justify waiving any debts under section 1237AAD of the Act.