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

This matter concerned a review by the Administrative Appeals Tribunal (AAT) of a decision to affirm a debt owed to the Commonwealth by the applicant, Pelyva, arising from parental payments. The applicant disputed the calculation of the debt and contended that the payments were made in error by Centrelink, which had not accepted responsibility for the mistake. The AAT was required to consider the relevant provisions of the *Social Security Act 1991* and the *Social Security (Administration) Act 1991*, as well as lawful policy set out in the Social Security Guide.

The primary legal issues before the Tribunal were whether the debt was solely due to administrative error under section 1237A of the *Social Security Act 1991*, whether there were grounds for waiver under section 1237AAD, and whether the circumstances were prescribed under section 1236 of the Act. The applicant also raised concerns about her understanding of the debt calculation and Centrelink's lack of responsibility for the alleged error.

The Tribunal, after a preliminary hearing and directions for further submissions, ultimately determined the matter on the papers due to the COVID-19 pandemic and the consent of both parties. The Tribunal considered the extensive documentation lodged, including detailed calculations of the applicant's income and payments, and the applicant's written statement disputing the calculations. The Tribunal affirmed the previous decision, finding no grounds to conclude that the debt was solely due to administrative error, that waiver was appropriate, or that the circumstances fell within the prescribed categories for relief.