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

This matter concerned an appeal by the Secretary, Department of Social Services, against a decision regarding the respondent's entitlement to youth allowance and the subsequent creation of debts. The core dispute revolved around whether the respondent was eligible to receive youth allowance during specific periods in 2010, 2011, and 2012, and if not, whether any resulting debts should be waived. The Administrative Appeals Tribunal (AAT) was tasked with conducting a fresh review of the merits of the case, stepping into the shoes of the original decision-maker to determine the correct or preferable decision based on the evidence before it.

The legal issues before the Tribunal were whether the respondent was entitled to receive youth allowance during the periods from 19 February 2010 to 5 December 2010 and from 7 February 2011 to 7 June 2012, and if debts had been incurred, whether there were grounds to write off or waive all or part of these debts. Specifically, the Tribunal considered whether waiver was warranted due to sole administrative error or by reason of special circumstances. The respondent did not dispute that she was not undertaking a full-time study load during these periods but claimed she did not recall receiving letters from Centrelink and was unaware of the full-time study requirement for her allowance.

The Tribunal found that the respondent was not eligible for youth allowance during the specified periods because she was not undertaking a full-time study load as required. Despite this finding, the Tribunal determined that the respondent's circumstances were "out of the usual and ordinary" and that her youth allowance debts should be waived. The Tribunal set aside the previous decision and substituted its own, acknowledging the existence of debts totalling $5,139.20 for the first period and $10,202.63 for the second period, but ultimately waiving these amounts due to special circumstances pursuant to section 1237AAD of the *Social Security Act 1991* (Cth).