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

This matter concerned an application for review of a decision to raise and recover a debt for the alleged overpayment of the rent assistance component of the applicant's Newstart Allowance. The applicant had claimed Newstart Allowance in August 2014 and subsequently declared he was sharing accommodation with his mother. Notices were issued to the applicant between December 2014 and October 2015, informing him of his obligation to report if he was under 25, receiving Rent Assistance, and living with his parents. Decisions were made to raise a debt against the applicant for overpaid rent assistance for periods between November 2014 and December 2015. The applicant sought further review of a decision by the Social Services & Child Support Division of the Tribunal, which had affirmed the decision of an authorised review officer who determined the applicant had been overpaid $2,567.08 in rent assistance.

The Tribunal was required to determine whether the applicant was entitled to receive rent assistance during the relevant periods, specifically considering the provisions of section 1070B and section 1070H(2) of the *Social Security Act 1991* (Cth). Section 1070H(2) outlines the specific requirements for a recipient of Newstart Allowance to qualify for rent assistance, including conditions related to age, living arrangements with parents, and not being part of a couple. The Tribunal also needed to consider the applicant's declarations regarding his rent payments and living situation at two different properties, Ardee Court and Camoola Street, and whether these declarations accurately reflected his eligibility for rent assistance.

The Tribunal found that the applicant was not entitled to rent assistance during the relevant periods. It applied section 1070H(2)(a)(i) and (ii) of the Act, which states that a person who is not a member of a couple and is living with their parents is only entitled to rent assistance if they have turned 25. The evidence indicated that the applicant was under 25 and living with his mother during the periods in question. Despite the applicant's declarations of paying rent, the Tribunal concluded that his living arrangements with his parents disqualified him from receiving rent assistance under the Act. The Tribunal affirmed the decision of the authorised review officer.