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

The Administrative Appeals Tribunal considered a dispute between Mr Cullen (the applicant) and the Secretary of the Department of Social Services concerning an overpayment of Family Tax Benefit (FTB). The applicant had claimed FTB in November 2016, receiving fortnightly payments based on his estimated income and 100% care of his son. Following a review of his annual income and circumstances, an additional FTB payment was made. Subsequently, the Department received information from the Child Support Agency indicating a significant maintenance entitlement that should have been factored into the FTB calculation for the period between 8 November 2016 and 30 June 2017. This led to the Department raising a debt of $1,330.10 for FTB paid in excess of the applicant's entitlement. An Authorised Review Officer had previously affirmed this decision.

The Tribunal was required to determine two primary issues: first, whether the applicant had been paid more than his correct entitlement to FTB during the specified period; and second, if an overpayment had occurred, whether that excess payment constituted a recoverable debt, either in part or in full. The Tribunal's consideration of these issues involved an examination of the relevant provisions of the *Family Assistance Act* (FA Act) and the *Family Assistance Administration Act*.

In its reasoning, the Tribunal referred to section 21 of the FA Act, which outlines eligibility for FTB, and Schedule 1, particularly clause 20, which details how a person's FTB rate is reduced by reference to maintenance income. Clause 20D of Schedule 1 was central to the decision, defining how child maintenance amounts are calculated for privately collected arrangements. The Tribunal found that the applicant was taken to have received his full maintenance entitlement for the period in question, as there was no evidence to suggest that collecting this entitlement was difficult or unreasonable, despite his agreement with his ex-partner and his financial situation. The Tribunal concluded that the applicant's circumstances were not sufficiently special or unusual to warrant waiving the debt under section 101 of the *Family Assistance Administration Act*.

Accordingly, the Tribunal affirmed the decision under review. It found that the applicant had been paid more than his correct FTB entitlement for the period 8 November 2016 to 30 June 2017, that the debt of $1,330.10 was correctly calculated and owed to the Commonwealth, and that the requirements for waiving the debt under sections 95, 97, and 101 of the *Family Assistance Administration Act* were not met. Therefore, the FTB debt was deemed recoverable in full.