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

The applicant, Fneiche, sought review of a decision by the Secretary of the Department of Social Services concerning an overpayment of parenting payments. The dispute centred on whether the debt was solely attributable to administrative error and whether "special circumstances" existed that would warrant waiving the debt. The matter was heard by Dr Damien Cremean, Senior Member.

The Senior Member was required to determine whether the conditions for waiving the debt under section 1237AAD of the relevant social security legislation were met. Specifically, the court had to consider if the overpayment was solely attributable to an error made by the Department and, if not, whether any "special circumstances" existed that would justify a waiver of the debt.

The Senior Member found that special circumstances, as contemplated by section 1237AAD, did not exist in this case. Consequently, the decision under review was set aside, and a substituted finding was made that the indebtedness of the respondent arising from the parenting payments was not waived and therefore continued.