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

The Administrative Appeals Tribunal considered a dispute between Ms Bazzi and the Secretary of the Department of Social Services concerning a Family Tax Benefit (FTB) debt. Ms Bazzi contested the calculation of a debt amounting to $12,472.34, arguing she was eligible for the benefit despite residing in Lebanon during the relevant period. She also sought the write-off or waiver of the total debt.

The Tribunal was required to determine whether Ms Bazzi met the eligibility criteria for FTB, specifically regarding her residency status in Australia, for the periods in question. It also had to consider whether the calculated debt was correct and whether there were grounds to waive or write off all or part of that debt.

The Tribunal found that Ms Bazzi was an Australian resident for FTB purposes from 15 May 2007 until 30 June 2009. However, it determined that between 1 July 2009 and 15 May 2010, she was not an Australian resident for FTB purposes. While acknowledging Ms Bazzi's sense of injustice and her potential lack of full understanding of the implications of her circumstances, the Tribunal concluded that these did not constitute special circumstances warranting waiver or write-off of the debt. The Tribunal set aside the decisions under review and remitted the matter to the Secretary for reconciliation of the debt based on the identified residency periods.