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

This matter concerned an appeal by Stuart against a decision of the Secretary of the Department of Social Services regarding an aged pension debt. The Administrative Appeals Tribunal was tasked with determining whether the debt was legally recoverable and, if so, whether any part of it should be waived or written off.

The Tribunal was required to consider the legal enforceability of the aged pension debt, particularly in light of correspondence that had been exchanged and adjustments made to the debt. A key issue was whether the circumstances warranted a partial waiver or write-off of the amount owed.

The Tribunal considered the provisions of the *Social Security Act 1991* (Cth) relating to the recovery of debts and the circumstances under which a debt may be waived. It examined the nature of the correspondence received and its impact on the assessment and recovery of the debt. The Member applied the relevant legislative provisions and principles of administrative law to determine the extent to which the debt was legally recoverable and whether a waiver was appropriate. The Tribunal ultimately found that the debt was legally recoverable but that a partial waiver was warranted.