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

This matter concerned an appeal by the applicant, Boussi, against a decision by the Secretary of the Department of Social Services regarding an overpayment of carer allowance. The dispute centred on whether the debt arising from this overpayment should be waived. The decision was made by A Poljak SM in the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were whether the debt was caused solely by administrative error, and whether "special circumstances" existed that would warrant the waiver of all or part of the debt under section 1237AAD of the relevant Act. The Tribunal also considered the applicant's capacity to repay the debt.

The Tribunal found that the applicant was not entitled to carer payment for her son, Assad, from 22 November 2013, as he had left Australia on that date. The calculation of the overpayment of $11,268.83 for the period between 22 November 2013 and 22 November 2016 was not disputed. The Tribunal determined that the debt was not caused solely by administrative error, noting the applicant's receipt of a letter from the Department on 6 March 2014, which reminded her of her obligation to report changes in circumstances, and her failure to do so despite continuing to receive payments for Assad. The applicant's assertion that she did not read departmental correspondence was found to be contrary to the principle of good faith required for waiver under section 1237A of the Act. Furthermore, the Tribunal found no "special circumstances" that were unusual or uncommon to justify waiving the debt, particularly given the applicant's stated capacity to manage the current repayment plan of $20 per fortnight, which was considered manageable and not causing financial stress.

The Tribunal varied the decision under review, confirming the correct debt amount as $11,268.83 in respect of carer allowance overpaid for the period 22 November 2013 to 22 November 2016. The debt was not waived.