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

This matter concerned an application for review by Mr Riediger of a decision by the Secretary, Department of Social Services, to affirm a debt of $22,253.37 raised against him for Newstart Allowance/Jobseeker Payment overpayments between 11 July 2018 and 12 May 2020. The Administrative Appeals Tribunal was required to determine whether this debt was owed and, if so, whether it should be recovered in full or in part.

The Tribunal was tasked with determining the existence of the debt and, if established, whether it should be waived or written off due to special circumstances. Central to the dispute was Mr Riediger's failure to report changes in his circumstances, specifically his de facto relationship with Ms Linda Williams and her income, despite repeated notices issued by Services Australia under s.68(2) of the Administration Act. These notices explicitly required reporting of partner's income and any changes to earnings.

The Tribunal found that Mr Riediger had a history of receiving Newstart Allowance since 1991 and had a regular reporting history since 2003. However, he had not declared any income or reported changes in his circumstances during the debt period. Services Australia had issued multiple notices informing Mr Riediger of his payment rate and the basis for its calculation, which assumed no income or minimal income from him. Crucially, these notices also contained explicit warnings that he must report if his partner commenced paid work or if her income changed. Mr Riediger did not respond to any of these notices. The Tribunal was unable to identify any special circumstances that would warrant waiving or writing off the debt.

Consequently, the Tribunal affirmed the decision of the Secretary, Department of Social Services, as varied by Services Australia, to raise and recover the Newstart Allowance/Jobseeker Payment debt of $22,253.37.