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

This matter concerned an appeal by an applicant against a decision of an Authorised Review Officer (ARO) of the Department of Social Services. The ARO had varied an earlier decision regarding the applicant's entitlement to Carer Payment (CP) and Carer Allowance (CA), cancelling her entitlement from 15 January 2016 due to her commencement of full-time employment and subsequent inability to provide constant care. This variation resulted in the raising of debts totalling $91,564.34 for CP and $541.19 for CA, representing overpayments made between 15 January 2016 and 23 January 2020. The applicant sought to have these debts waived or written off.

The primary legal issues before the Tribunal were whether the applicant was entitled to CP and CA from 15 January 2016, and if not, whether there were special circumstances that would permit the waiver or write-off of the resulting debts under section 1237AAD of the relevant social security legislation. The applicant contended that she had informed the agency of her employment changes and was advised that she only needed to notify them if her earnings decreased, and that she did not believe she needed to take further action as her pay did not change. She also argued that she had received similar notices for many years and did not consider them important.

The Tribunal considered the applicant's claims in light of the evidence, including employment declarations and payment schedules. It noted that the applicant had received numerous notices regarding her entitlements and the requirement to report changes in circumstances. Despite the applicant's assertions about her communications with the agency, the Tribunal found that the agency's records did not reflect these discussions. The Tribunal was not satisfied that the applicant had provided constant care from 15 January 2016 onwards, given her full-time employment. Crucially, the Tribunal concluded that there were no special circumstances present in the case that would justify the waiver or write-off of the debts.

Consequently, the Tribunal affirmed the reviewable decision of 23 September 2021.