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

This matter concerned an appeal by Mr Pisanelli against a decision of the Social Services and Child Support Division of the Tribunal, which affirmed a debt raised by the Department of Social Services. The debt arose from an overpayment of the Disability Support Pension (DSP) due to Mr Pisanelli failing to notify the Department of compensation payments he received for a workplace injury. The Tribunal was required to determine whether the debt was correctly calculated and whether statutory provisions allowed for its write-off.

The central legal issue was the proper application of the income test provisions within the *Social Security Act 1991* (Cth) to compensation payments received by a DSP recipient. Specifically, the Tribunal had to consider whether periodic compensation payments, which were made wholly or partly in respect of lost earnings, constituted "income" for the purposes of calculating the DSP rate under section 1064 and Module E of the Act. The Tribunal also considered the definition of a "compensation affected payment" under section 17 of the Act and the impact of periodic compensation on the DSP rate under section 1173(4).

The Tribunal reasoned that section 117 of the Act, read with Pension Rate Calculator A and Module E, mandates that a person's DSP rate must take into account their income from all sources, including periodic compensation payments. The Tribunal relied on the principle established in *Secretary, Department of Social Security v Garvey* (1989) 19 ALD 348, which held that the Act is concerned with the amount available to a pensioner to meet commitments and outgoings, and that any income, including compensation, should be applied to the income test. The Tribunal found that Mr Pisanelli had received money to which he was not entitled, and that the debt was correctly calculated and due to the Commonwealth. The Tribunal affirmed the decision of the Authorised Review Officer and the First Review decision.