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

This matter concerned an appeal by Miss Lyall against decisions of the Secretary of the Department of Social Services regarding overpayments of parenting payment. The dispute centred on whether the overpayments were calculated correctly and whether any resulting debts should be waived. The case was heard by K Millar SM.

The legal issues before the court were whether Miss Lyall had been overpaid parenting payment, if those overpayments had been calculated correctly, and whether any resultant debts to the Commonwealth should be waived, considering any special circumstances. Specifically, the court was required to examine the calculation of two distinct debts, Debt 1 and Debt 2, and the application of working credits in relation to Debt 1.

The Senior Member affirmed the decision regarding Debt 1, finding that Miss Lyall had been overpaid parenting payment by $12,935.21 between 16 July 2011 and 5 February 2014 due to undeclared earnings from Healthscope. The court was satisfied that Miss Lyall's working credits had been correctly applied and exhausted. Regarding Debt 2, the Senior Member set aside the original decision and substituted it with a new determination. This new determination established a debt of $5,433.28 for the period 26 November 2015 to 18 January 2017, and waived $2,214.30 of this amount under section 1237AAD of the *Social Security Act 1991* (Cth).