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

This matter concerned two decisions of the Social Services and Child Support Division of the Administrative Appeals Tribunal (AAT) affirming decisions by the Department of Social Services (now Services Australia) to raise and recover Family Tax Benefit (FTB) debts against Mr Chandler. The first debt, for the financial year ended 30 June 2020, amounted to $4,114.70, and the second debt, for the financial year ended 30 June 2021, was $2,274.76, resulting in a total recoverable debt of $6,389.46.

The primary legal issues before the AAT were whether Mr Chandler had been correctly assessed as owing these FTB debts, whether he had been overpaid the benefit, and if there were any grounds for the debts to be waived or written off. A related issue involved the proper procedure for ensuring Mr Chandler received and had the opportunity to review documentary evidence relevant to his case.

The AAT affirmed the decisions under review, finding that Mr Chandler had indeed been overpaid FTB. The Tribunal was satisfied that all reasonable steps had been taken to provide Mr Chandler with the necessary documents and sufficient time to review them and make submissions. Despite Mr Chandler's assertions that he had complied with all requests from Centrelink, the evidence indicated otherwise, leading to the conclusion that he had been overpaid. The Tribunal requested that the Secretary consider the health and employment circumstances of Mr and Mrs Chandler when negotiating repayment of the total debt.