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

This matter concerned an appeal by Jones against a decision of the Secretary of the Department of Social Services regarding a disability support pension overpayment. The dispute centred on whether the debt, arising from the applicant's and her partner's income not being taken into account, should be waived or written off. The applicant contended that she held an honest belief that her income had been properly reported.

The Administrative Appeals Tribunal was required to determine whether the debt was due to a sole administrative error, and if not, whether special circumstances existed that would make it desirable to waive the whole or part of the debt. The Tribunal considered the applicant's subjective belief regarding the reporting of income and the objective circumstances surrounding the assessment of her pension.

The Tribunal found that the overpayment was not due to a sole administrative error. It reasoned that while the applicant may have held an honest belief about reporting her income, this belief did not absolve her of the responsibility to ensure accurate reporting. The Tribunal further found that there were no special circumstances that would justify waiving the debt, as the applicant had not demonstrated any undue hardship or other exceptional factors that would warrant such a waiver. The Tribunal affirmed the decision of the Secretary.