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

This matter concerned an application by Mr Manjunath for a second review by the Administrative Appeals Tribunal (AAT) of a decision concerning the recovery of an advance payment of his disability support pension (DSP). The respondent, the Secretary of the Department of Social Services, sought to have the application dismissed on the basis that it had no reasonable prospect of success.

The Tribunal was required to determine whether the advance payment, while still being repaid, constituted a debt for which waiver provisions could be invoked, and whether the applicant's failure to appear at a scheduled hearing warranted dismissal of his application. The applicant had sought a waiver of the outstanding amount of the advance payment due to alleged financial hardship stemming from medical expenses.

The Tribunal considered the provisions of the *Social Security Act 1991* relating to advance payments. It noted that Section 1061 of the Act outlines the qualifications for receiving an advance payment, requiring that the social security entitlement is payable and that the Secretary is satisfied the person will not suffer financial hardship from reductions in instalments. Section 1061EL specifies that advance payments are to be repaid through deductions from the social security entitlement or other agreed methods. The Tribunal reasoned that an advance payment, while still being repaid through deductions from an ongoing social security entitlement, is not considered a debt in the conventional sense for which waiver provisions typically apply. Furthermore, the Tribunal noted that the applicant had failed to appear at a resumed hearing after being granted an adjournment and was subsequently directed to provide written reasons or medical evidence for his non-appearance, which he failed to do.

Consequently, the Tribunal dismissed the applicant's application for review due to his non-appearance and failure to provide the requested documentation.