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

This matter concerned an appeal by Mr Burke against a decision of the Administrative Appeals Tribunal (AAT) affirming the Secretary of the Department of Social Services' decision to recover an overpayment of a disability support pension. The core of the dispute revolved around whether the debt, arising from payments received by Mr Burke while he was employed, could be written off or waived by the Department.

The legal issues before the Tribunal were whether the debt could be written off or waived under the relevant provisions of the *Social Security Act 1991* (Cth). Specifically, the Tribunal considered whether the circumstances constituted "special circumstances" that would permit the debt to be waived, and whether the debt was an "ascertainable debt" for which repayment was possible.

The Tribunal reasoned that the debt could not be written off as it was an ascertainable debt, the Department knew Mr Burke's whereabouts, and there was a means of repayment, even if slow. The Tribunal found that the provisions for a write-off were not met, and that a write-off was a temporary measure that could be reactivated if circumstances changed. Mr Burke did not qualify for a waiver under the law. The Tribunal affirmed the AAT's decision.