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

This matter concerned an appeal by Mr. Ma against a decision of the Administrative Appeals Tribunal (AAT) which affirmed a decision by the Secretary of the Department of Social Services. The dispute centred on the Applicant's eligibility for Austudy payments, specifically whether he met the requirements of the activity test, and the subsequent creation of debts to the Commonwealth arising from alleged overpayments of Austudy.

The primary legal issues before the Tribunal were whether the Applicant was undertaking full-time study as required for Austudy payments, and whether he had a reasonable excuse for any periods where he did not meet the study requirements. The Tribunal was also required to consider the implications of the automatic cancellation of social security payments when notice is given and the circumstances under which debts arising from overpayments could be waived.

The Tribunal's reasoning focused on the evidence provided by the Applicant and the educational institution, OTEN. The evidence indicated that the Applicant had not been undertaking full-time study during the periods for which Austudy was paid in 2010, and was not enrolled in any study prior to 16 May 2011. While the Applicant enrolled in a Diploma of Accounting on 16 May 2011, he did not enrol for a full courseload and completed no study. The Tribunal found that the Applicant had not satisfied the activity test, and there were no special circumstances warranting the waiver of the resulting debt.

The decision of the AAT was affirmed.