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

This matter concerned a review of a decision by the Administrative Appeals Tribunal (AAT) regarding carer payment and carer allowance debts owed by Ms Ghanem to the Commonwealth. Ms Ghanem had lodged claims for these payments in September 2016, which were granted based on her providing significant care to Mr Fred Hajjar. She received notices requiring her to report changes in circumstances that might affect her eligibility, including if Mr Hajjar stopped living with her, required less care, or entered an institution for 24 hours or more.

The primary legal issues before the Tribunal were whether Ms Ghanem had incurred debts for carer payment and carer allowance, and if so, whether these debts should be waived. This involved determining if Ms Ghanem had failed to notify the Department of Social Services of changes in her circumstances that would have affected her entitlement to the payments, and whether any administrative error or Ms Ghanem's conduct warranted the waiver of the debts.

The Tribunal found that Ms Ghanem had been granted carer payment and carer allowance based on her providing substantial care to Mr Hajjar. However, Mr Hajjar subsequently went to prison, a circumstance that should have alerted Ms Ghanem to inquire about her continued entitlement to the benefits. The Tribunal concluded that Ms Ghanem's failure to report this change, and potentially other changes, led to the accumulation of debts. The Tribunal also determined that it was not appropriate to exercise any discretion to waive the debts, as Ms Ghanem's contribution to the debt's creation was significant, and continued payment based on the circumstances would be contrary to the object of the Social Security Act 1991, which directs public expenditure to those in actual need.

Consequently, the Tribunal set aside the previous AAT decision and substituted its own decision. Ms Ghanem was found to have a carer payment debt of $21,448.09 and a carer allowance debt of $5,488.19, both of which were to be recovered in full.