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

This matter concerned an appeal by Mr Cordin against a decision of the Secretary of the Department of Social Services regarding an overpayment of Parenting Payment (PP) and Family Tax Benefit (FTB), which resulted in a debt. The core of the dispute was whether this debt should be waived or written off due to administrative error or special circumstances.

The legal issues before the court were whether the debt arose solely due to administrative error, and if not, whether there were special circumstances that made it desirable to waive the debt under the relevant provisions of the *Social Security Act 1991* (SSA) and the *A New Tax System (Family Assistance) (Administration) Act 1999* (FA Admin Act). The court was required to determine if any circumstances relied upon were "special" in the sense of being unusual, different, uncommon, or exceptional.

The court reasoned that the debt did not arise solely from administrative error. It found that Mr Cordin's failure to follow up with Centrelink and keep them fully informed materially contributed to the overpayment. Numerous notices from Centrelink and the continued receipt of funds into his account should have alerted him to the error. The court also considered the argument that Mr Cordin's son's mental health and financial circumstances constituted special circumstances. However, applying the established legal principles that special circumstances must be unusual or different, the court found no evidence of such circumstances. The court noted that a compensation scheme existed for individuals who believed they had suffered detriment due to misadvice.

Consequently, the Tribunal affirmed the decision under review, finding no basis to waive the PP and FTB debt under the relevant legislative provisions due to the absence of special circumstances.