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

This matter concerned an appeal by Mr Ejueyitsi against a decision of the Secretary of the Department of Social Services regarding an overpayment of Austudy allowance. The dispute centred on whether the debt incurred by Mr Ejueyitsi, totalling $9,817.34, should be waived or written off. The Tribunal, presided over by Mr D. J. Morris, Member, was tasked with reviewing the Secretary's decision.

The primary legal issues before the Tribunal were whether the debt was correctly calculated, and if so, whether there were grounds to waive or write off the debt under the relevant provisions of the Social Security Act. Specifically, the Tribunal had to consider the applicant's argument that he was led to believe he was studying a full-time load and that the Department had an obligation to inform him of any incorrect payments. The Tribunal also considered the criteria for waiving or writing off a debt as outlined in section 1236 of the Act, and the provisions for waiving debt attributable solely to administrative error under section 1237A.

The Tribunal found that the debt was properly calculated and that Mr Ejueyitsi had received payments to which he was not entitled. While Mr Ejueyitsi stated he believed he was studying a full-time load due to cross-institutional study and assumed Centrelink was paying him correctly, he acknowledged knowing his obligation to report changes in his study load under section 66A of the Administration Act. The Tribunal noted that the debt was not solely attributable to administrative error, as Mr Ejueyitsi had not received the funds in good faith, and therefore he could not rely on the sole administrative error provisions. Furthermore, the Tribunal found no evidence of special circumstances or financial hardship that would warrant waiving the debt, nor did the debt meet the criteria for being irrecoverable at law or unrecoverable due to the debtor's circumstances as set out in section 1236.

The Tribunal affirmed the reviewable decision. The debt had been correctly raised and was being recovered through deductions from Mr Ejueyitsi's social security payments, and no provisions of the Act entitled him to have the debt waived or written off.