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

The Secretary, Department of Social Services, as the Applicant, sought to recover overpayments of the Disability Support Pension (DSP) from the Respondent, Mr William Austin (also known as William Scott), or from Ms Carmel Fahey, his former partner and payment nominee. The dispute concerned whether the Respondent had been overpaid DSP and consequently owed a debt to the Commonwealth, and whether special circumstances existed to waive part or all of that debt. The matter came before the Administrative Appeals Tribunal.

The Tribunal was required to determine whether the Respondent had been overpaid DSP during specific periods in 2017, whether he owed a debt to the Commonwealth as a result, and if so, whether there were special circumstances warranting the waiver of the debt, either in whole or in part. A key factual consideration was the exchange of information between the NSW Department of Corrective Services and Centrelink regarding the Respondent's periods of imprisonment.

The Tribunal reasoned that for the period between 8 and 15 February 2017, the Respondent was in custody and therefore not entitled to DSP. Consequently, a debt for this period was liable to be recovered from the Respondent. However, for the subsequent period between 10 April 2017 and 17 October 2017, the Tribunal found that special circumstances existed, specifically relating to the Joined Party's own periods of incarceration and the Apprehended Violence Order that prevented contact between the Respondent and the Joined Party. These circumstances justified waiving the debt for this latter period pursuant to section 1237AAD of the Social Security Act 1991 (Cth).

The decision under review was set aside and remitted to the Applicant. The Tribunal directed that the debt for the period 8 February 2017 to 15 February 2017 was to be calculated and considered for recovery from the Respondent. For the period 10 April 2017 to 17 October 2017, the debt was to be waived.