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

The Administrative Appeals Tribunal (AAT) considered the matter of Amun and the Secretary, Department of Social Services, concerning a review of a decision regarding an age pension overpayment. The applicant, Amun, sought to have the overpayment deemed solely attributable to administrative error, thereby potentially avoiding repayment.

The primary legal issue before the Tribunal was whether the age pension overpayment was solely attributable to administrative error. This required the Tribunal to consider the definition of "administrative error" within the relevant social security legislation and to determine if any special circumstances existed that would justify deeming the overpayment to be solely attributable to such error.

The Tribunal affirmed the decision under review. It found that while some administrative actions may have contributed to the situation, the applicant's own actions and omissions also played a significant role in the accumulation of the overpayment. Consequently, the Tribunal concluded that the overpayment was not solely attributable to administrative error, and therefore, the conditions for deeming it as such were not met.