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

This matter concerned an appeal by Ms Hammouche against a decision of the Social Services and Child Support Division of the Administrative Appeals Tribunal (AAT). The core dispute involved Ms Hammouche's eligibility for Austudy and the associated COVID-19 supplement between 2020 and 2022, and whether any resulting overpayments constituted a debt that should be waived or written off. The decision was made by Dr Stewart Fenwick, Member.

The legal issues before the Tribunal were to determine Ms Hammouche's continuing qualification for Austudy and the COVID-19 supplement during the specified period, whether she had been overpaid, and if so, whether any resultant debt should be waived or written off. These issues were to be considered in light of Ms Hammouche's understanding of full-time study, her personal circumstances including mental health challenges, and her financial capacity.

The Tribunal found that Ms Hammouche ceased to be a full-time student, as defined by the relevant legislation, from 2 November 2020 and did not re-engage in full-time study before completing her tertiary education. Consequently, the Tribunal was satisfied that she had accumulated a debt to the Commonwealth for Austudy and the COVID-19 supplement between 2 November 2020 and 22 November 2022. Applying the principles of debt recovery, the Tribunal considered Ms Hammouche's financial circumstances and concluded that she had the capacity to repay the debt and was not likely to suffer severe financial hardship. The Tribunal noted that her financial situation, including her employment and income, did not warrant the waiver of the debt.

Ultimately, the Tribunal affirmed the decision of the Social Services and Child Support Division dated 2 November 2023, finding that no new circumstances had arisen to alter the basis of the original decision or the recalculation of the debts by the Respondent.