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

This matter concerned an appeal by Ms Solomons against a decision by the Secretary, Department of Social Services, regarding an overpayment of a disability support pension (DSP). Ms Solomons, a former public servant who ceased working due to a serious car accident, had been receiving Comcare and Commonwealth Superannuation Corporation (CSC) pension payments. She later received a lump sum settlement and continued to receive a fortnightly CSC pension. The dispute arose from undeclared income received from her superannuation, which resulted in a debt due to the Commonwealth. Ms Solomons sought to have this debt written off or waived.

The legal issues before the Tribunal were whether the debt should be waived or written off, and whether special circumstances existed that would justify such a waiver. Specifically, the Tribunal had to determine if the debt was attributable solely to an error made by Centrelink, or if Ms Solomons had knowingly made false statements or representations. The Tribunal was required to consider the provisions of section 1237AAD of the Social Security Act, which outlines the criteria for waiving a debt, including the absence of knowing false statements or representations, the presence of special circumstances beyond financial hardship, and whether waiver was more appropriate than writing off the debt.

The Tribunal considered evidence including Ms Solomons' statements and oral evidence, as well as documents provided by Services Australia. Ms Solomons contended that she had indicated she was not seeking DSP payments but rather a low-income health care card to assist with medical expenses, and that she had provided an estimate of her superannuation and Comcare payments. She also described personal difficulties, including pain, depression, medication, a gambling addiction, and issues with her ex-husband, which affected her ability to manage her affairs. She believed her superannuation increases were minor and that her super fund notified Centrelink of payments, attributing any error to Centrelink. The Tribunal found that while Ms Solomons had not knowingly made false statements or representations, and that special circumstances existed, it was more appropriate to waive the debt than to write it off.

Despite finding that waiving the debt was more appropriate than writing it off, the Tribunal affirmed the decision under review.