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

This matter concerned an appeal by the Applicant against a decision by the Secretary, Department of Social Services, to raise a debt of $41,246.62 for an overpayment of Disability Support Pension (DSP). The debt arose because the Applicant had been paid at the single rate of DSP when, according to the Respondent, she should have been paid at the lesser partnered rate, as she was considered a member of a couple with Dwayne Leonard Edwards. The Applicant sought to have the debt written off or waived.

The legal issues before the Tribunal were whether the Applicant was partnered with Mr Edwards during the relevant period, and consequently, whether the debt raised was correct. The Tribunal was also required to determine if all or part of the debt could be written off or waived due to special circumstances.

The Tribunal found that the evidence, including joint rental agreements, joint bank account signatory status, and statements to third parties, demonstrated that the Applicant and Mr Edwards were in a relationship as a couple during the relevant period. Therefore, the Applicant should have received DSP at the partnered rate. The Tribunal concluded that the conditions for writing off the debt under section 1236 of the Act were not met, as the Applicant could make payments and there was no evidence of administrative error. However, the Tribunal was satisfied, on the balance of probabilities and not being contested by the Respondent, that the Applicant had been exposed to episodes of domestic violence within the relationship. This constituted special circumstances, leading the Tribunal to vary the decision and waive the entire debt.