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

The Administrative Appeals Tribunal considered the case of Mr. Pitts and the Secretary of the Department of Social Services concerning a debt incurred by Mr. Pitts while he was in gaol and in receipt of a disability support pension. The central dispute revolved around whether it was appropriate to waive or write off this debt.

The Tribunal was required to determine whether special circumstances existed that would permit the waiver or write-off of the debt under section 1237AAD of the relevant social security legislation. This involved assessing the evidence presented to ascertain if the conditions for such a waiver were met.

The Tribunal concluded that, based on the evidence before it, special circumstances did not apply to Mr. Pitts. Consequently, the Tribunal found that the right to recover the debt could not be waived, either in full or in part, pursuant to section 1237AAD of the Act. The Tribunal therefore affirmed the decision under review.