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

This matter concerned a review by the Administrative Appeals Tribunal (AAT) of a decision by the Secretary of the Department of Social Services to raise and recover a Paid Parental Leave (PPL) debt of $11,538.90 from Ms Ngai. The Department had initially cancelled Ms Ngai's Family Tax Benefit (FTB) debt and refunded $1,367.50 on the basis that she was eligible for FTB if she was not eligible for PPL. Ms Ngai had requested a further review by the AAT, which had previously set aside the decision under review and substituted its own decision that Ms Ngai was eligible for PPL for 18 weeks from 8 October 2014, meaning there was no PPL debt. The applicant then requested a review of that decision by the AAT.

The primary legal issues before the Tribunal were whether Ms Ngai was entitled to payment of PPL under the *Paid Parental Leave Act 2010* and, if so, for what period. This involved determining whether Ms Ngai satisfied the Australian residency test as required by paragraph 31(2)(c) of the Act, which refers to the definition of "Australian resident" in subsection 7(2) of the *Social Security Act 1991*. The Tribunal also considered the circumstances surrounding the PPL debt and the potential for waiver.

The Tribunal found that Ms Ngai had lodged an effective claim for PPL and satisfied the requirements of paragraphs 31(2)(a), (b), (d), and (e) of the Act, including being the primary carer, satisfying the work and income tests, and not having returned to work. Crucially, the Tribunal determined that Ms Ngai satisfied the Australian residency test as she resided in Australia and held a permanent visa at the time of her claim. The Tribunal was satisfied that special circumstances existed which made it desirable to waive 50 percent of the current debt.

Accordingly, the Tribunal set aside the decision under review and ordered that 50 percent of the present current debt be waived.