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

This matter concerned an application for review by Mr Tang of a decision affirming a determination that he had been overpaid Special Benefit, resulting in a debt of $21,295.06 owed to the Commonwealth. The Administrative Appeals Tribunal was required to determine whether Mr Tang had received an excess Special Benefit payment during the period of 24 March 2015 to 11 June 2018, whether this constituted a recoverable debt, and if so, whether that debt should be waived or written off, in part or in full.

The Tribunal considered the provisions of the *Social Security Act 1991* and the *Social Security (Administration) Act 1999*, along with relevant policy guidance. The core of the dispute centred on the calculation of Mr Tang's Special Benefit entitlement, which was affected by his wife's income. The Department's assessment indicated that Mr Tang's wife's earnings from two educational institutions had not been correctly reported or coded between 2015 and 2018, leading to an overpayment. Mr Tang contended that he had provided all relevant information in good faith and that the debt should not be recovered.

The Tribunal found that Mr Tang had indeed been overpaid Special Benefit during the relevant period, and that the resulting debt was recoverable. It concluded that the debt was not solely attributable to administrative error, nor were there special circumstances that would warrant waiving its recovery. Furthermore, the Tribunal determined that the discretion to write off the debt was not enlivened in this case. Consequently, the Tribunal affirmed the previous decision.