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

This matter concerned an application for review of a decision by the Secretary, Department of Social Services, regarding Mr Kim's entitlement to Newstart Allowance and Family Tax Benefit. The primary dispute revolved around whether Mr Kim was a member of a couple during the relevant period, which impacted his allowance payments. The Administrative Appeals Tribunal was tasked with determining if Mr Kim had been overpaid, if the overpayment constituted a recoverable debt, and if there were grounds to write off or waive any part of that debt.

The legal issues before the Tribunal included whether Mr Kim was a member of a couple as defined by the *Social Security Act 1991* (Cth), whether he had been overpaid Newstart Allowance during the period in question, and if any such overpayment constituted a legally recoverable debt. Crucially, the Tribunal also had to consider whether there were any grounds to write off or waive the debt, either in whole or in part, taking into account any special circumstances or administrative errors.

The Tribunal found that Mr Kim was a member of a couple during the relevant period because he was legally married and not living separately and apart from his spouse on a permanent or indefinite basis, despite relationship difficulties. Consequently, his failure to declare his partner's income, as required by notices issued under the *Social Security (Administration) Act 1999* (Cth), led to an overpayment of Newstart Allowance totalling $51,528.74. This amount was determined to be a legally recoverable debt due to the Commonwealth. The Tribunal noted that Mr Kim had knowingly failed to report his partner's income.