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

This matter concerned an appeal by the applicant, Kelly, against a decision by the Secretary of the Department of Social Services to raise and recover a rent assistance debt. The applicant disputed whether she had been overpaid rent assistance and, if so, whether the debt should be recovered in part or in full, arguing that special circumstances existed. The Administrative Appeals Tribunal was tasked with reviewing the Secretary's decision.

The Tribunal was required to determine two primary legal issues: first, whether the applicant had in fact been overpaid rent assistance, and second, if an overpayment had occurred, whether the debt should be recovered in full or in part, considering the existence of any special circumstances that might warrant a waiver or partial recovery.

In its reasoning, the Tribunal affirmed the Secretary's decision. It found that the applicant had been overpaid rent assistance due to a failure to notify the Department of changes in her circumstances. The Tribunal considered the applicant's submissions regarding special circumstances, including her financial hardship and the impact of the debt on her ability to meet essential living expenses. However, the Tribunal concluded that these circumstances did not meet the threshold required to waive or reduce the debt under the relevant social security legislation. The Tribunal therefore affirmed the decision to raise and recover the debt in full.