Rebbeck and Secretary, Department of Families, Housing, Community Services and Indigenous Affairs

[2008] AATA 354

Administrative Appeals Tribunal

DECISION AND REASONS FOR DECISION [2008] AATA 354

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No 2007/4321

GENERAL ADMINISTRATIVE DIVISION		)
Re		LEONIE REBBECK

Applicant

And SECRETARY, DEPARTMENT OF FAMILIES, HOUSING, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS

Respondent

DECISION

Tribunal Ms Robin Hunt, Senior Member

Date2 May 2008

PlaceSydney

Decision

The reviewable decision is varied and findings made that:

1. the applicant owes a debt of $260.91 in respect of overpayment of family tax benefit ;

2. the applicant owes a debt of $765.91 in respect of overpayment of carer payments.

...................[Sgd]...................

Ms Robin Hunt
  Senior Member

CATCHWORDS

SOCIAL SECURITY – recovery of debt to the Commonwealth – family tax benefit – overpayment not disputed – carer payments – overpayment figure adjusted and reduced – reviewable decision varied.

Social Security Act 1991

REASONS FOR DECISION

2 May 2008 Ms Robin Hunt, Senior Member   

introduction

1.      Mrs Rebbeck applied for review of the Social Security Appeals Tribunal (SSAT) decision about her debt to the Commonwealth arising out of social security payments she received after Mr Rebbeck was injured at work on 17 November 2000.  Mrs Rebbeck received carer payment between 9 May 2002 and 13 December 2006. She also received family tax benefit during the 2002/2003 financial year.

2.      Subsequently, Centrelink determined that Mrs Rebbeck had been overpaid and issued a notice requiring her to repay $1063.77 in respect of the carer payments and $260.91 of the family tax benefit. Mrs Rebbeck sought review of this determination. After the process of review, the SSAT made a decision that there were debts of $1063.77 in respect of the carer payments and $260.91 for the family tax benefit payment but that $250 of the carer debt should be waived, leaving a recoverable debt of $813.77 for overpayment of carer entitlements.

3.      Mrs Rebbeck contested the correctness of the carer payment debt of $813.77 for the present review. She told the tribunal she accepted that she owed a debt of $260.91 for overpayment of the family tax benefit.

4.      For the review, Mrs Rebbeck provided her own calculations of payments received and linked them to her records of income from other sources and information about her income and that of her husband which she had passed on to Centrelink. She said she had notified Centrelink about changes in income from time to time. She argued that some of the information about her income and that of her husband upon which Centrelink relied was incorrect and did not accord with her records.

5.      I requested the respondent consider Mrs Rebbeck’s evidence and contentions and respond to them. The respondent wrote to the tribunal on 11 April 2008 that Centrelink recalculated the applicant’s carer payment debt in light of Mrs Rebbeck’s assertions. As a consequence, Centrelink worked out that the original debt now stood at $1,015.91, with an amount of $765.91 to be recovered taking into account the SSAT decision to waive $250. The respondent attached Centrelink’s new calculations that were the basis for the reduction in the debt. At a directions hearing on 2 May 2008, Mrs Rebbeck indicated she had considered the new calculations and still objected to calculations concerning deemed income.

consideration and finding

6.      Having checked the new calculations and heard both parties at the initial hearing on 5 March 2008 and at the directions hearing, I have concluded, on balance, that the calculations made by Centrelink and forwarded on 11 April 2008 are correct.  It follows that I will affirm the decision of the SSAT that a family tax benefit debt of $260.91 is recoverable from Mrs Rebbeck.

7.      As to the carer payments, I find that the decision of the SSAT should be varied so that a debt of $765.91 is recoverable. The amount of $250 waived by the SSAT also further reduced the debt. I note that this decision is favourable to Mrs Rebbeck.

decision

8.      The reviewable decision is varied and findings made that:

1. the applicant owes a debt of $260.91 in respect of overpayment of family tax benefit ;

2. the applicant owes a debt $765.91 in respect of overpayment of carer payments.

I certify that the 8 preceding paragraphs are a true copy of the reasons for the decision herein of Ms Robin Hunt, Senior Member  

Signed: ........................[Sgd]...........................
  Jennifer Wong, Associate

Dates of Hearing:   5 March 2008 and 2 May 2008
Date of Decision:                   2 May 2008  
Appearance for the Applicant:                  Self-represented

Appearance for the Respondent:              Mr G Lozynsky, Centrelink Legal Services