Gorman-Ewing and Secretary, Department of Social Services (Social services second review)

The Administrative Appeals Tribunal considered a review application by Ms Emily Gorman-Ewing concerning a decision by the Secretary, Department of Social Services, to raise a debt of $20,423.94 for an overpayment of rent assistance. The overpayment arose because the Applicant had ceased paying private rent at a particular address, but her Centrelink record was not updated accordingly. The Applicant's mother was her nominee for Centrelink purposes and was responsible for reporting changes in circumstances. Both the Applicant and her mother experienced significant medical difficulties during the relevant period.

The Tribunal was required to determine whether the Applicant had been paid more than her correct amount of rent assistance during the specified debt period, whether any such overpayment constituted a debt to the Commonwealth, and if so, whether the debt was recoverable in part or in full. The relevant legislation included the *Social Security Act 1991* (Cth) and the *Social Security (Administration) Act 1999* (Cth), which govern the payment of rent assistance and the recovery of social security debts.

The Tribunal noted that the Applicant's Centrelink record indicated she was paying private rent from 5 February 2013, based on a rent certificate and tenancy agreement provided. However, subsequent enquiries revealed she resided at that address only from 2 April 2012 to 7 April 2013. This discrepancy led to the determination of an overpayment of rent assistance between 8 April 2013 and 19 April 2019. Crucially, the Respondent conceded the application, acknowledging the extreme difficulties faced by the Applicant and her mother due to their medical conditions, and that it was not appropriate to pursue recovery given the Applicant's lack of capacity.

In light of the Respondent's concession and the evidence presented regarding the Applicant's circumstances and lack of capacity, the Tribunal set aside the original decision. It substituted a decision that, while acknowledging the overpayment of $20,432.94 and that this amount constituted a debt to the Commonwealth, ordered that the recovery of the debt be waived in full pursuant to section 1237AAD of the *Social Security Act 1991* (Cth).