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

This matter concerned an appeal by Ms Bozdag against a decision of the Secretary of the Department of Social Services regarding a debt arising from an overpayment of carer payment. The Secretary contended that Ms Bozdag had failed to comply with notices issued under section 68(2) of the *Social Security (Administration) Act 1999* (Cth) by not disclosing her status as a member of a couple with Mr Bozdag, and by failing to disclose their joint income and assets. Consequently, Ms Bozdag had received a higher rate of payment than she was entitled to, resulting in a debt to the Commonwealth under section 1223(1) of the Act.

The primary legal issue before the court was whether Ms Bozdag was a member of a couple during the relevant period for the purposes of the *Social Security Act 1991* (Cth). Section 4 of the Act defines a member of a couple as a person legally married to another person who is not living separately and apart from them on a permanent or indefinite basis. In determining this, the Secretary is required to consider all circumstances of the relationship, including financial aspects, the nature of the household, social aspects, any sexual relationship, and the nature of the commitment to each other.

The court considered the evidence in light of section 4(3) of the Act and found that Ms Bozdag was indeed a member of a couple with Mr Bozdag during the relevant period. The court was not satisfied that there were any special circumstances that would warrant the waiver or write-off of the debt, nor was there evidence of administrative error. The debt arose due to Ms Bozdag's failure to comply with her notification obligations.

Accordingly, the court affirmed the decision under review, finding no basis to write off or waive the debt in whole or in part.