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

The Administrative Appeals Tribunal (AAT) considered an appeal by Mr Curtis against the Secretary of the Department of Social Services concerning an alleged overpayment of carer payment and disability support pension entitlements, resulting in a debt owed to the Commonwealth. The core of the dispute revolved around Mr Curtis's failure to disclose additional income and changes in his financial circumstances, which led to the Department's assessment of an overpayment. Mr Curtis sought the write-off or waiver of these debts.

The Tribunal was required to determine whether there were any special circumstances that would justify the waiver of all or part of the debts owed by Mr Curtis to the Commonwealth. This involved assessing the factual matrix of Mr Curtis's non-disclosure and considering the legal criteria for waiving debts under the relevant social security legislation.

The Tribunal affirmed the decision under review. While the AAT did not independently recalculate the quantum of the overpayment, it accepted the calculations provided by the Secretary. The Tribunal's decision implies that it found no special circumstances sufficient to warrant the waiver of the debts, thereby upholding the Department's assessment of the overpayment.