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

This matter concerned an appeal by CJCY against a decision of the Social Security and Child Support Division of the Administrative Appeals Tribunal (AAT). The AAT had affirmed a decision to raise and recover a Disability Support Pension (DSP) debt of $6,795.88, which arose from an overpayment between April 2017 and April 2018 due to CJCY receiving the single rate of DSP when he was considered a member of a couple. The AAT also affirmed a decision not to pay arrears of rent assistance for a period prior to January 2018.

The primary legal issues before the Tribunal were whether CJCY was a member of a couple for the purposes of DSP payments during the relevant period, and whether special circumstances existed to justify waiving all or part of the DSP debt. Additionally, the Tribunal considered the eligibility for rent assistance arrears.

The Tribunal found that CJCY was a member of a couple from April 2017, as he was legally married and residing with his wife in Australia. It was noted that CJCY had previously advised Centrelink of his marriage while his wife was overseas, and he continued to receive the single rate of DSP. However, upon his wife's arrival in Australia and commencement of cohabitation, CJCY failed to inform Centrelink of this change in circumstances. The Tribunal determined that rent assistance could not be paid for accommodation outside Australia and that arrears were only payable from January 2018. Despite the finding that CJCY had not wholly or partly caused the debt through knowingly making false statements or omissions, the Tribunal considered the criteria for waiving the debt under section 1237AAD of the Social Security Act 1991.

Ultimately, the Tribunal set aside the decision regarding the DSP debt and remitted it to the Secretary for waiver of $2,000 of the total debt, finding that special circumstances did exist to warrant this partial waiver. The decision in respect of the backdating of rent assistance was affirmed.