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

This matter concerned an appeal by Mr Adam Ryan against a decision of the Department of Social Services regarding an overpayment of parenting payments. The dispute centred on whether the debt incurred by Mr Ryan was legally recoverable and whether it should be waived or written off. The Administrative Appeals Tribunal (AAT) heard the application, with both parties appearing by telephone.

The primary legal issues before the Tribunal were whether Mr Ryan had been overpaid parenting payments, and if so, whether the debt was recoverable. The Tribunal also considered Mr Ryan's contentions that he had attempted to declare his income correctly and that an administrative error by the Agency had contributed to the overpayment, which might warrant a waiver or write-off of the debt.

The Tribunal found that Mr Ryan had indeed been overpaid parenting payments between 3 March 2017 and 10 April 2019, a fact conceded by the Applicant. Evidence presented, including an Employment Declaration form and wage book excerpts, confirmed Mr Ryan was employed full-time during this period, earning substantial gross weekly income. Letters from the Agency indicated that his parenting payment entitlement was calculated based on nil or negligible declared income, and his wife had also significantly underdeclared her income. The Tribunal noted that the Agency had issued notices under section 68(2) of the *Administration Act* informing Mr Ryan that his payment was being calculated on minimal income. Consequently, the Tribunal concluded that section 100(1) of the *Administration Act* was enlivened, meaning the parenting payment became payable at a reduced rate from the commencement of the debt period due to the failure to declare income correctly. The Tribunal determined that the overpayment constituted a legally recoverable debt under section 1223(1) of the Act and that a write-off on the basis of severe financial hardship, waiver due to administrative error, or special circumstances was not warranted.

The Tribunal set aside the previous decision of the Social Services and Child Support Division and substituted a decision that Mr Ryan had a legally recoverable debt of $25,007.01 arising from the overpayment of parenting payments.