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

This matter concerned an appeal by the applicant, Brown, against a decision by the Secretary of the Department of Social Services regarding overpayments of Family Tax Benefit (FTB) and Parenting Payment Single (PPS). The dispute centred on the applicant's correct entitlement to these payments during a period when the care arrangements for her children changed. The case was heard by R W Dunne SM.

The primary legal issues before the Tribunal were to determine whether overpayments of FTB and PPS had occurred, and if so, whether any of the applicable waiver provisions under the *Family Assistance Act 1997* (FA Act) and the *Social Security Act 1991* (SS Act) were relevant. Specifically, the Tribunal had to consider if "special circumstances" existed that would justify waiving the recovery of these debts.

The Tribunal found that the applicant had been overpaid FTB and PPS between 3 January 2016 and 25 January 2016 because, during this period, another individual was determined to have 100% care of the children. Consequently, the applicant was not eligible for these payments. While the initial FTB debt was $1941.94 and the PPS debt was $535.20, these were recalculated to $718.98 and $1231.16 respectively. The Tribunal was satisfied that the applicant's circumstances met the criteria for a "special circumstances" waiver under both the FA Act and the SS Act.

Accordingly, the Tribunal set aside the decision under review, finding that the applicant's circumstances warranted the waiver of the FTB and PPS debts. The Tribunal also indicated that payments made by the applicant to Centrelink in relation to these debts could be refunded.