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

The Administrative Appeals Tribunal considered the matter of Pierre and the Secretary, Department of Social Services, concerning the applicant's eligibility for an age pension. The dispute arose from an increase in the applicant's compensation payments on three occasions during the relevant period, which impacted the calculation of their age pension entitlement and led to an alleged overpayment.

The Tribunal was required to determine whether the compensation payments constituted periodic compensation for the purposes of the relevant social security legislation. Further, it needed to assess whether special circumstances existed that would justify treating the whole or part of these payments as not having been made. The Tribunal also had to consider whether the applicant had been overpaid the age pension and, if so, whether the resulting debt should be waived or written off.

In reaching its decision, the Tribunal found no evidence to support the proposition that waiving the applicant's debt would be more appropriate than writing it off, meaning the conditions under paragraph 1237AAD(c) of the Act were not satisfied. Consequently, the Tribunal affirmed the decision under review.