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

The matter concerned an appeal by the applicant, Morcombe, against a decision by the Secretary of the Department of Social Services to raise and recover a parenting payment (partnered) debt. The core of the dispute revolved around whether the applicant had been overpaid this payment and, consequently, whether a debt to the Commonwealth had arisen. The applicant also sought to have the debt recovered in full, or alternatively, for the recovery of all or part of the debt to be waived or written off.

The Tribunal was required to determine whether the applicant had failed to declare her partner's income, which would impact the calculation of her parenting payment rate. This involved considering the relevant provisions of the *Social Security Act 1991* (Cth) and the *Social Security (Administration) Act 1999* (Cth), including the definitions of "ordinary income" and "income," and the application of the income test module for partnered payments. The Tribunal also had to assess whether the debt was attributable solely to an administrative error by the Commonwealth or if there were special circumstances warranting waiver or write-off of the debt.

The Tribunal's reasoning centred on the applicant's obligation under section 66A(2) of the *Social Security (Administration) Act 1999* (Cth) to inform the Department of changes in circumstances that might affect her payment. It found that the applicant had failed to disclose her partner's income, which was a change of circumstances that directly impacted her parenting payment rate as calculated under section 1068B of the *Social Security Act 1991* (Cth). The Tribunal applied the principles from *Re Drake and Minister for Immigration and Ethnic Affairs (No 2)*, indicating it would generally follow the guidance in the Guide to the Social Security Law unless there were cogent reasons not to.

The Tribunal concluded that the debt should be recovered in full, finding no basis upon which it could be waived or written off. Accordingly, the Reviewable Decision, which affirmed the decision to raise and recover the parenting payment debt, was affirmed.