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

This matter concerned an appeal by the Applicant, Aliya, against a decision by the Secretary of the Department of Social Services to raise an overpayment of rent assistance as a component of his Disability Support Pension (DSP). The core dispute revolved around whether the Applicant was, during the relevant periods, actually paying rent for his accommodation, and if so, what the correct period and amount of any resultant debt should be. The case was heard by M East M.

The legal issues before the court were whether the Applicant had been overpaid rent assistance as part of his DSP, and if an overpayment had occurred, what the correct period and quantum of the debt should be. The Applicant contended that he was qualified for rent assistance at all relevant times.

The court considered evidence regarding the Applicant's living arrangements, including his statements to the Department that he resided at a Dianella address, and conflicting information from the property owners, Mr and Mrs Bonner, who denied seeing him since 2008. The court noted the Applicant's illiteracy and his concerns about causing trouble for the Bonners, who may have been residing in public housing. Despite the difficulty in gleaning a clear history, the court found that the Applicant had been incarcerated between February 2009 and November 2010, during which his DSP payments were suspended. Upon release, he stated he began living at the Dianella address. The Applicant had previously received rent assistance at this address before his incarceration. The court concluded that during the relevant period, the Applicant was liable to pay rent for his premises.

Accordingly, the court determined that no overpayment of rent assistance had occurred and no debt had arisen. The decision under review was set aside and remitted to the Respondent with the direction that the Applicant was at all relevant times qualified for rent assistance.