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

This matter concerned appeals by Mr and Mrs Janssen against decisions of the Administrative Appeals Tribunal (AAT) regarding alleged overpayments of social security and family assistance payments. The primary dispute revolved around whether the applicants had failed to report changes in their income, leading to debts owed to the Commonwealth, and whether these debts should be waived or written off. The case was heard by W Frost M.

The legal issues before the Tribunal were whether the applicants had been paid social security and family assistance payments in excess of their entitlements, the amounts of any such overpayments, whether these constituted debts owing to the Commonwealth, and if so, whether all or part of these debts should be written off or waived. Central to the determination was the applicants' contention that they had not been adequately informed about their obligations to report separate incomes, particularly in relation to Mr Janssen's Disability Support Pension (DSP) and family assistance payments.

The Tribunal considered the statutory obligations under social security and family assistance law, which require recipients to inform the relevant agency of changes in circumstances that may affect payments within 14 days. It was noted that if a person receives a payment to which they are not entitled, or an amount greater than their entitlement, that amount becomes a debt due to the Commonwealth. The Tribunal also examined the provisions for writing off debts, which require the debt to be irrecoverable at law, the debtor to have no capacity to repay, or for recovery to be not cost-effective. The applicants argued they had diligently reported income and that the agency's systems had failed to identify errors over a prolonged period, suggesting a lack of clear notification regarding reporting requirements.

Ultimately, the AAT had affirmed decisions to raise and recover certain debts but had set aside the decision to raise and recover Mr Janssen's DSP debt for a specific period, remitting it for recalculation. The AAT directed that any overpayment for a subsequent period within that debt must be waived due to sole administrative error by the Agency. The applicants sought further review, maintaining they had complied with reporting obligations and that the decision was unjust given the agency's alleged failure to identify errors and the lack of clear notification.