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

This matter concerned a review of a decision regarding Ms Reed's entitlement to Mobility Allowance. The dispute centred on when Ms Reed ceased to qualify for the allowance and whether any overpayment constituted a debt solely attributable to an administrative error by the Commonwealth, which might allow for waiver. The decision was made by Dr Stewart Fenwick, Senior Member.

The legal issues before the Tribunal were to determine the precise date Ms Reed ceased to be qualified for the Mobility Allowance, and to consider the extent to which Centrelink was aware of changes in Ms Reed's circumstances, particularly regarding her gainful employment and vocational training. A further critical issue was whether any resulting debt was solely attributable to an administrative error by the Commonwealth, thereby potentially permitting waiver under section 1237A of the relevant Act.

The Senior Member accepted that Ms Reed's qualification for the Mobility Allowance ceased around February 2013, based on her earnings falling below the required threshold. However, it was also accepted that she remained qualified due to her participation in vocational training until 30 April 2014. Consequently, payments made after this date were considered a debt under section 1223(1) of the Act. The Tribunal found that the criteria for debt write-off under section 1236 were not met. Regarding waiver under section 1237A, the Tribunal considered whether it was reasonable to expect Centrelink to manage payments following notification of the duration of qualifying activities. While Ms Reed had provided information about her vocational training, including an end date, the Tribunal found that her overall dealings with Centrelink did not satisfy the reporting obligations imposed by the legislation, and therefore, the debt was not solely attributable to an administrative error by the Commonwealth.

The Tribunal affirmed the decision under review.