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

This matter concerned an appeal by Mr Cashmore against a decision of the Secretary, Department of Social Services, which affirmed a debt of $46,224.81 arising from an overpayment of the age pension. The overpayment occurred between 27 January 2008 and 10 March 2015, due to Mr Cashmore failing to notify Centrelink of a change in his marital status. The Administrative Appeals Tribunal was required to determine whether Mr Cashmore had indeed been overpaid and, if so, whether there were grounds to waive all or part of the debt.

The Tribunal considered the provisions of the *Social Security Act 1991* (Cth) and the *Social Security (Administration) Act 1999* (Cth) regarding the calculation of the age pension, which is affected by factors including marital status, income, and assets. The Act specifies that partnered individuals are treated as pooling their resources, resulting in a lower pension rate compared to single individuals. Mr Cashmore had received multiple notices from Centrelink, reminding him of his obligation to report changes in his circumstances, including marital status, within 14 days. He acknowledged marrying Ms Cashmore on 27 January 2008 and accepted that he should have informed Centrelink of this change.

The Tribunal found no evidence to suggest that Mr Cashmore should be treated as not being a member of a couple, noting that he and Ms Cashmore lived together and he provided her with financial support. Mr Cashmore's stated reason for not informing Centrelink was a concern about administrative complexity and the potential impact on Ms Cashmore's own benefits. However, the Tribunal concluded that his situation did not fall outside the "usual or ordinary case" and that there were no "special circumstances" that would render the debt unfair, unintended, or unjust. Consequently, the Tribunal was not satisfied that any part of the debt should be waived.

The decision under review was affirmed, meaning the debt of $46,224.81 was upheld.