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

This matter concerned an application by the Secretary of the Department of Social Services (the Applicant) for review of a decision regarding Family Tax Benefit (FTB) overpayments made to the Respondent. The Respondent had received FTB as a single person between the 2009/2010 and 2016/2017 financial years. Despite marrying Mr Gilmartin on 12 March 2010 and attending a Centrelink office on 8 September 2010 where her name was updated, her partnered status was not amended, and she continued to be paid FTB as if she were single. The Applicant sought to recover FTB overpayments, arguing that the Respondent had received more than her correct entitlement.

The Tribunal was required to determine whether the Respondent became a member of a couple from 6 February 2010, whether she was paid more than her correct amount of FTB during the specified financial years, and if so, whether these excess payments constituted recoverable debts to the Commonwealth. The Respondent contended that she had informed Centrelink of her marital status and income on multiple occasions and that any overpayments were due to administrative error. She also argued that her circumstances were special and unusual, warranting a waiver of the debt.

The Tribunal found that the Respondent became a member of a couple with Mr Gilmartin from 6 February 2010, as supported by their joint income tax returns for the 2009/2010 year. It was also found that the Respondent received more FTB than she was entitled to during the debt period. Despite acknowledging that the Respondent had notified Centrelink of her marriage and that there was no suggestion of fraud, the Tribunal determined that the Respondent had received FTB overpayments. The Tribunal concluded that the Respondent's circumstances were not sufficiently special or unusual to justify waiving the debt under section 101 of the *Fa Administration Act 1999* (Cth).

Consequently, the Tribunal set aside the original decision and substituted its own. It found that the Respondent became a member of a couple on 6 February 2010 and had FTB debts to the Commonwealth for the financial years 2009/2010 through to 2016/2017, with specific amounts detailed for each year. The Tribunal ordered that these FTB debts were recoverable in full.