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

The Administrative Appeals Tribunal (AAT) considered a case involving Mr Danielson and the Secretary of the Department of Social Services concerning an overpayment of Disability Support Pension (DSP). The dispute centred on whether the debt, arising from Mr Danielson's failure to report his wife's income, could be written off or waived.

The legal issues before the Tribunal were whether Mr Danielson had been overpaid DSP, thus incurring a debt to the Commonwealth, and if so, whether there were grounds to write off or waive recovery of all or part of that debt. The Tribunal was required to apply the provisions of the *Social Security Act 1991* (Cth) and the *Social Security (Administration) Act 1999* (Cth), as well as relevant policy guidance.

The Tribunal found that Mr Danielson had been overpaid DSP in the amount of $57,592.37 due to his failure to report his wife's income, a fact he did not dispute. The Tribunal noted that while the *Administration Act* provides for the writing off or waiver of debts in certain circumstances, Mr Danielson's submissions for waiver were based on reliance on information from Centrelink and a third party. However, the Tribunal's decision affirmed the original decision under review, indicating that the grounds for waiver or write-off were not met in this instance.