Gorman and Secretary, Department of Social services (Social security)

[2025] ARTA 1280

Gorman and Secretary, Department of Social services (Social security) [2025] ARTA 1280 (9 July 2025)

Applicant/s:  Mr Gorman

Respondent:  Secretary, Department of Social Services

Chief Executive Centrelink    

Tribunal Number:   2025/S193461 

Tribunal:  General Member M Horsburgh

Place:Sydney

Date:09 July 2025

Decision:

The decision under review is set aside and, in substitution, Mr Gorman has no debt. The money recovered from him must be repaid.

This means that the application is successful.

CATCHWORDS
SOCIAL SECURITY – JobSeeker Payment – debt repayment – decision that JSP cannot be paid to person receiving COVID-19 disaster payment – no legislative provision to raise debt – emergency assistance exempt income under means test – debt fully recovered must be repaid to applicant – decision under review set aside and substituted

Names used in all published decisions are pseudonyms. Any references appearing in square brackets indicate that information has been omitted from this decision and replaced with generic information pursuant to subsection 201(1A) of the Social Security (Administration) Act 1999.

Statement of Reasons

BACKGROUND

1. This application is about a decision, made by Services Australia (Centrelink) on 31 January 2023, to ask Mr Gorman to repay a jobseeker debt of $1,643.75 for the period from 24 July 2021 to 24 August 2021. An authorised review officer affirmed the decision on 14 March 2023.

2. On 26 February 2025, Mr Gorman lodged an application for review with us. I heard his application on 28 May 2025, when Mr Gorman spoke to me by telephone. I deferred my decision to allow him to provide some bank statements. I also asked Centrelink for a submission on the law.

ISSUES

1. The decision under review argued that a person could not receive both Covid-19 disaster payment and jobseeker payment at the same time. I was unable to find the legislation on which the decision was based, and which was not specified in the decision. I asked the Secretary for a submission on the legislative basis for the debt. The reply was:

   Order

   1. On 23 June 2025, the Administrative Review Tribunal made the following Order:

   1.1 The Secretary must provide the following information and/or documents to the Administrative Review Tribunal (ART) by the close of business on 7 July 2025:

   A submission on:

   • the legislative provision that stated that jobseeker payment could not be paid to a person who was receiving the COVID-19 disaster payment, and

   • how the COVID-19 disaster payment was treated under the means test for jobseeker payment, and specifically, whether it was considered excluded income.

   Submissions

   2. In summary, the Secretary submits that the Applicant’s jobseeker payment (JSP) debt of $1,643.75 for the period 24 July 2021 to 24 August 2021 should be set aside as there was no basis to raise the debt.

   the legislative provision that stated that jobseeker payment could not be paid to a person who was receiving the COVID-19 disaster payment

   3. The Secretary submits that there is no legislative provision under the Social Security Act 1991 (Act) or Social Security Administration Act 1999 that states JSP cannot be paid to a person receiving the COVID-19 disaster payment.

   4. The COVID-19 disaster payment was a program introduced under Financial Framework (Supplementary Powers) Amendment (Prime Minister and Cabinet Measures No. 4) Regulations 2021 (Regulations). It was generally for people who were unable to work due to lockdowns. The Regulations provided that COVID-19 disaster payments could only be paid to a person if they were not receiving income support payments.

   5. However, there is no legislative provision providing that income support payments such as JSP could not be paid if a person was receiving COVID-19 disaster payment.

   how the COVID-19 disaster payment was treated under the means test for jobseeker payment, and specifically, whether it was considered excluded income.

   6. The Secretary submits that the COVID-19 disaster payment was an exempt income under the means test for income support payments, including JSP. It was considered an emergency or relief liked assistance and therefore exempt under paragraph 8(8)(c) of the Act.

CONSIDERATION

1. On 24 July 2021, Mr Gorman claimed both Covid-19 disaster payment and jobseeker payment. Covid-19 disaster payment was granted the next day, 25 July 2021. Centrelink continued to process his claim for jobseeker payment and, on 7 August 2021, granted it from 24 July 2021. On 27 August 2021, Mr Gorman contacted Centrelink about having received 2 kinds of payments and voluntarily surrendered his jobseeker payment.

2. Mr Gorman received his jobseeker payment on 3 dates: 10 August 2021 ($776.60), 26 August 2021 ($645.27), and 31 August 2021 ($221.88). These payments made up the alleged debt of $1,643.75. The debt has been fully recovered. Mr Gorman’s argument was that he had not received the respective payments. His bank statements showed that this was not the case.

3. Having considered the parties’ submissions, and the legislative framework, I find that there is no legislative provision that job seeker could not be paid if a person was receiving COVID-19 disaster payment. On that basis, I set aside the decision under review. Mr Gorman does not have this debt, and the money already recovered must be repaid to him.

DECISION

The decision under review is set aside and, in substitution, Mr Gorman has no debt. The money recovered from him must be repaid.

This means that the application is successful.

Date of hearing: Wednesday, 28 May 2025