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

This matter concerned an appeal by Mr Andersen against a decision of the Secretary, Department of Social Services, affirming an Age Pension debt of $6,432.69. The debt arose from an alleged overpayment of Age Pension between 1 January 2019 and 13 August 2019, due to the assessment of Mr Andersen's Danish Old Age Pension. The core of the dispute involved the interpretation and application of the social security agreement between Australia and Denmark in assessing Mr Andersen's foreign pension income.

The Tribunal was required to determine three key issues: first, whether Mr Andersen's Danish Old Age Pension had been correctly assessed in accordance with the relevant social security agreement; second, whether an Age Pension debt existed in the amount claimed by the Department; and third, if a debt was found to exist, whether there were any grounds to write off or waive all or part of that debt. The Tribunal considered extensive documentary evidence detailing Mr Andersen's applications, correspondence with Centrelink, and information provided by Danish authorities regarding his pension entitlements.

The Tribunal reasoned that the Danish Old Age Pension, as assessed by Centrelink, was correctly calculated under the agreement, with the exception of the "personligt tillage" (personal allowance), which was confirmed by Danish authorities to be an exempt payment under Article 8.3 of the agreement. However, the Tribunal found that the "livsvarigt ventetillaeg" (life-long waiting supplement) was not an exempt payment, as there was no specific ministerial decision to that effect. Consequently, the Tribunal concluded that Mr Andersen did have an Age Pension debt. Regarding the waiver or write-off of the debt, the Tribunal found no evidence of sole administrative error or special circumstances that would warrant such action, noting that Mr Andersen had been informed of his obligations to report changes in income.

Therefore, the Tribunal affirmed the decision under review, finding no grounds to write off or waive Mr Andersen's Age Pension debt.