Lazari and Secretary, Department of Family and Community Services

[2002] AATA 940

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2002] AATA 940

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No V02/366

GENERAL ADMINISTRATIVE  DIVISION		)
Re		KATHY LAZARI

Applicant

And SECRETARY, DEPARTMENT OF FAMILY & COMMUNITY SERVICES

Respondent

DECISION

Tribunal Mr J. Handley, Senior Member

Date26 September 2002

PlaceMelbourne

Decision The decision under review is affirmed.

.......Sgd. Mr J. Handley......................

Senior Member

CATCHWORDS

Social Security - Overpayment of Disability Support Pension - applicant did not appear at hearing - subsequent correspondence - review on papers lodged - decision affirmed.

REASONS FOR DECISION

26 September 2002 Mr J. Handley, Senior Member    

1.      This application was listed for hearing on 25 July 2002.  The applicant did not appear however she was then represented by her parents.  It became clear during the hearing that the applicant herself was not aware that the matter was listed for hearing.  The applicant had apparently ceased residing with her parents and they had not notified her of the listing of her application for hearing.  In fact, they had lodged the review application.  It was not known whether she in fact was aware of these proceedings.

2.      The application lodged was to review a decision made by the Social Security Appeals Tribunal on 14 March 2002, where it then affirmed a decision made by an Authorised Review Officer (“ARO”) of Centrelink on 24 October 2001 to raise a debt of $1,154.24 being overpayment of Disability Support Pension for the period 29 May 2001 to 6 August 2001.

3.      By reason of the applicant not appearing at the hearing, and by reason also of certain representations made by the applicant’s parents, I asked my Associate to write a letter to Ms Lazari at an address which was provided by Mr and Mrs Lazari.  That letter is annexed to these reasons.  The applicant subsequently replied indicating that she was prepared to make a repayment of $10 per fortnight of the overpayment, however it was not obvious from the letter whether any consent was given by her to a finding that there was an overpayment of $1,154.24.  This was despite the applicant recording in her letter of 31 July 2002 (in part)-

“In this matter I ask you kindly to help me with Centrelink to overcome this overpayment of the sum of $1,154.24”. 

4.      On 6 August 2002, I caused a further letter to be forwarded to the applicant asking whether she opposed or consented to an Order being made with respect to an overpayment and a finding of a debt. 

5.      On 22 August 2002, the applicant replied in the following terms-

“To Centrelink

Consent to overpayment

Please send me booklet and I will pay $10 per week. 

Signed Kathy Lazari”

6.      Having regard to the material contained within the T-documents, the submissions made by the applicant’s parents at the hearing on 25 July 2002, the contents of the letter of my Associate of 26 July 2002 and the subsequent correspondence from the applicant, I am satisfied and find that the decision under review insofar as it found an overpayment of Disability Support Pension in the sum of $1,154.24 should be affirmed.

7.      By reason of the applicant currently being employed and therefore earning an income, the application is otherwise remitted to the respondent for consideration of the capacity of the applicant to repay the debt.

I certify that the 7 preceding paragraphs are a true copy of the reasons for the decision herein of Mr J. Handley, Senior Member

Signed:         Katherine Navarro........................................
  Associate

Date/s of Hearing  25 July 2002
Date of Decision  26 September 2002
Counsel for the Applicant         Mr and Mrs Lazari
Solicitor for the Applicant          Nil
Counsel for the Respondent     Mrs P D'Cunha, Departmental Advocate
Solicitor for the Respondent     Nil