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

This matter concerned an appeal by Mrs Hanna against a decision by the Secretary of the Department of Social Services regarding an alleged overpayment of her age pension. The dispute centred on whether Mrs Hanna had correctly declared her income, specifically a Belgian pension, and whether she was entitled to deduct business-related expenses from her gross income when calculating her assessable income for social security purposes. The case was heard by Mrs J C Kelly, Senior Member.

The legal issues before the Tribunal were whether Mrs Hanna had failed to notify Centrelink of changes to her circumstances, specifically the receipt of her Belgian pension, within the required timeframe. The Tribunal also had to determine whether Mrs Hanna could deduct business-related expenses from her gross income and, consequently, whether an overpayment of her age pension had occurred. Furthermore, the Tribunal considered whether there were special circumstances that would warrant waiving the debt, and the correct calculation of her assessable income, including arrears of her Belgian pension.

The Tribunal applied sections 68 and 72 of the Administration Act, which mandate reporting changes in circumstances within 14 days, and section 1237AAD, which outlines the criteria for waiving debt recovery. The evidence showed that Mrs Hanna was notified of her reporting obligations, including the requirement to declare income from all sources, such as foreign pensions, and to report changes within 14 days. The Tribunal found that Mrs Hanna's Belgian pension constituted assessable income and that she had not provided sufficient evidence to deduct business-related expenses from her gross income.

The Tribunal set aside the reviewable decision and substituted a new decision finding Mrs Hanna liable for an overpayment of age pension from 21 April 2018 to 14 December 2018 in the sum of $14,822.86. In a related proceeding, the reviewable decision was also set aside and remitted for reconsideration with a direction that Mrs Hanna's assessable income for the period 21 November 2017 to 23 March 2018 must include any gross Belgian pension payments attributable to that period.