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

This matter concerned an appeal by Ms Ogden against a decision affirming a Centrelink debt of $49,152.02 for overpayment of age pension. The debt arose from the failure to declare an account-based pension, the MLC Navigator Pension, which was acquired in August 2001 but not declared until January 2009. The Administrative Appeals Tribunal (AAT) had previously recalculated the debt, waiving a portion and reducing the total to $38,529.56, a decision Ms Ogden then appealed to the General Division of the Tribunal.

The Tribunal was required to determine whether the AAT's decision was correct and preferable, specifically whether Ms Ogden was overpaid age pension due to the value of her assets and income, and if so, whether any grounds existed for waiving all or part of the debt. The relevant legislation included the *Social Security Act 1991* (Cth) and the *Social Security (Administration) Act 1999* (Cth), which govern the calculation of age pension rates based on income and assets, and the circumstances under which debts can be written off or waived, including provisions for administrative error and special circumstances.

The Tribunal found that Ms Ogden failed to meet her obligations to inform the Respondent of her assets and income while in receipt of the age pension. While Ms Ogden contended her financial adviser handled these notifications, there was no evidence to support this beyond her assertions. The Tribunal noted that Ms Ogden herself had notified Centrelink of another asset, the Challenger Life Annuity, in 2002, indicating she was managing some aspects of her financial affairs. Furthermore, Ms Ogden received regular notices under section 68 of the *Administration Act* informing her of her reporting obligations, and these notices often listed her recorded assets, from which the MLC Navigator Pension was conspicuously absent. The Tribunal concluded that Ms Ogden had not established grounds for waiving or writing off the debt.

Consequently, the Tribunal affirmed the decision under review. Ms Ogden was found to have received money to which she was not entitled, creating a debt to the Commonwealth that must be repaid. A modest withholding was being made from her fortnightly pension, as she still possessed savings, assets, and received other income.