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

This matter concerned an appeal by Mr Ebady against a decision of the Secretary of the Department of Social Services. The dispute centred on whether Mr Ebady had been overpaid Disability Support Pension, Newstart Allowance, and Rent Allowance due to a failure to declare income and the disposal of assets. The decision was made by J F Toohey SM in the Administrative Appeals Tribunal.

The Tribunal was required to determine whether Mr Ebady had received social security payments to which he was not qualified, specifically by reason of income and assets exceeding the allowance limits. It also had to consider whether any debt arising from such overpayments should be written off or waived, and if there were any special circumstances justifying such a course.

The Tribunal found that deposits totalling $691,566.00 were made into Mr Ebady’s accounts during the relevant period, which were properly characterised as income for the purposes of the *Social Security Act 1991* (Cth). It was also satisfied that Mr Ebady made international funds transfers, constituting a disposal of assets on the basis of which he was deemed to have earned income. Consequently, the Tribunal concluded that the Secretary had correctly cancelled Mr Ebady’s Disability Support Pension and accurately calculated the overpayments, resulting in a debt that Mr Ebady was liable to repay in full. The decision under review was therefore affirmed.