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

This matter concerned an appeal by Mrs Ika Kusuma against a decision of the Secretary of the Department of Social Services regarding an overpayment of Parenting Payment (Partnered). The central dispute revolved around whether Mrs Kusuma owed a debt to the Commonwealth for payments received between 11 October 2014 and 13 March 2015, and if so, whether any part of that debt should be waived.

The court was required to determine two primary legal issues. Firstly, whether Mrs Kusuma had incurred a debt to the Commonwealth due to receiving Parenting Payment (Partnered) payments during the specified period, notwithstanding her husband's change in employment circumstances. Secondly, if a debt was found to exist, whether there were grounds to waive recovery of all or part of that debt, specifically considering the provisions for waiving debts attributable solely to administrative error and the existence of any special circumstances.

The court reasoned that Mrs Kusuma's husband, Mr Ibrahim, acted as her agent in dealing with Centrelink, particularly given Mrs Kusuma's difficulty with English. While Centrelink records confirmed Mr Ibrahim attended on specific dates, the evidence regarding his notification of continuing earnings was insufficient to establish that Centrelink was fully informed. The court accepted that the debt for the period 11 October 2014 to 10 November 2014 was attributable solely to an administrative error by Centrelink and therefore waived that portion of the debt. However, for the period from 10 November 2014 onwards, the court found that Mrs Kusuma had received letters from Centrelink requesting notification of changes in circumstances, including her husband's earnings, and had not provided this information. Consequently, the court determined that Mrs Kusuma did owe a debt to the Commonwealth for payments received between 10 November 2014 and 21 January 2015. The court also found no special circumstances that would warrant waiving any part of this remaining debt. The decision under review was varied accordingly.