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

This matter concerned an appeal by the Applicant against a decision of the Secretary of the Department of Social Services regarding an overpayment of a Disability Support Pension. The Applicant was issued with a notice under section 63 of the *Social Security (Administration) Act 1999* requiring him to provide documentary evidence and explanations for various cash deposits, bank transfers, employment income, and rental income. The Applicant, through his legal representatives, provided responses indicating that some funds originated from busking, gambling winnings, and gifts from family members, and that he had failed to disclose income from a rental property.

The primary legal issues before the Tribunal were whether the Applicant had received payments that constituted income or assets which should have been declared for the purposes of his Disability Support Pension, and consequently, whether an overpayment had occurred and to what extent it should be recovered. The Tribunal was required to assess the nature and source of the funds deposited into the Applicant's various bank accounts and determine if these amounts impacted his eligibility for or the rate of his pension.

The Tribunal considered the Applicant's explanations regarding the origin of the funds, including busking, gambling winnings, and gifts. It also noted the Applicant's admission of failing to disclose income from a rental property. The Tribunal's decision varied the original determination, finding that the Applicant had incurred a Disability Support Pension debt of $104,658.36 for the period from 7 July 2011 to 28 February 2018, and otherwise affirmed the Secretary's decision.