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

This matter concerned an appeal by RLGV against decisions made by the Secretary, Department of Social Services, regarding the applicant's eligibility for social security payments and the subsequent recovery of debts. The core dispute revolved around whether the applicant was a member of a couple during specific periods, which impacted her entitlement to youth allowance and parenting payments, and led to the Secretary raising multiple debts totalling $46,523.59. The applicant had received various social security payments, including youth allowance and parenting payment (single and partnered), between 2008 and 2018.

The legal issues before the court were whether the applicant was a member of a couple with Mr ‘B’ from 11 April 2017, and whether the eight separate youth allowance and parenting payment debts raised by the Secretary, totalling $46,523.59, were correctly determined and recoverable. The court was also required to consider whether it would be more appropriate to waive or write off these debts.

The court affirmed the decision of the Authorised Review Officer, which had upheld the Secretary's determination that the applicant was a member of a couple with Mr ‘B’ from 11 April 2017. This finding was based on an assessment of the financial and social aspects of their relationship, and the nature of their commitment. The court also affirmed the Secretary's decisions to raise and recover the debts, finding that the conditions for waiving or writing off the debts under paragraph 1237AAD(c) of the relevant Act were not satisfied. Consequently, the decision under review was affirmed.