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

This matter concerned an appeal by Mr Beattie against a decision of the Secretary of the Department of Social Services to recover a debt arising from an overpayment of carer payment. Mr Beattie contended that the Commonwealth should waive its right to recover the debt, arguing either that the overpayment was solely due to administrative error by the Commonwealth, or that special circumstances warranted a waiver.

The Administrative Appeals Tribunal was required to determine whether the debt was attributable solely to an administrative error by the Commonwealth, and whether Mr Beattie had received the payments in good faith. The Tribunal also had to consider whether there were special circumstances, beyond financial hardship, that made it desirable to waive the debt, and whether Mr Beattie had knowingly failed to comply with his obligations under the Social Security Act 1991 (Cth).

The Tribunal found that the legislative provision for waiving debt due to administrative error, s 1237A(1) of the Act, required the error to be the *sole* cause of the debt. Mr Beattie's failure to report his earnings was a contributing factor, meaning the error was not solely administrative. Furthermore, the Tribunal was not satisfied, in the absence of corroborating evidence, that Mr Beattie had received the payments in good faith, noting that he harboured suspicions about his entitlement. Regarding special circumstances, while there was no suggestion Mr Beattie *knowingly* failed in his obligations, the Tribunal did not proceed to consider this limb further as the primary arguments for waiver had not been met.

The Tribunal affirmed the decision of the Secretary to recover the debt.