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

The Administrative Appeals Tribunal considered the dispute between Ms. McIlroy and the Secretary of the Department of Social Services concerning an overpayment of parenting payment. The central issue was whether the debt arising from this overpayment should be waived.

The Tribunal was required to determine whether "special circumstances" existed that would justify waiving the debt under section 1237AAD of the relevant Act, and whether a portion of the debt should be waived under section 1237A of the Social Security Act 1991 (Cth).

The Tribunal found no special circumstances to support a waiver under section 1237AAD. However, it concluded that a portion of the debt, specifically that attributable to the period between 15 January 2015 and 9 June 2015, should be waived pursuant to section 1237A. The Tribunal affirmed the decision under review regarding the debt for other periods and remitted the matter to the respondent for recalculation of the remaining debt.