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

This matter concerned an appeal by the applicant, Tate, against a decision by the Secretary, Department of Social Services, regarding an overpayment of a disability support pension. The dispute centred on whether the overpayment constituted a legally recoverable debt and, if so, whether all or part of it should be waived or written off. The decision was made by Mrs J C Kelly, Senior Member, of the Tribunal.

The Tribunal was required to determine whether the overpayment of the disability support pension was a legally recoverable debt and, if so, whether the respondent should waive or write off any portion of that debt. A key aspect of the determination was whether the overpayment was attributable solely to administrative error.

The Tribunal reasoned that the applicant had provided evidence of his good character and that no finding of dishonesty or fraud had been made against him. The Tribunal concluded that the decision to pay the disability support pension and the initial payment, which included arrears, was solely attributable to administrative error. Consequently, the Tribunal set aside the decision under review and directed that the respondent waive the right to recover the proportion of the debt arising from that administrative error, with the debt to be recalculated accordingly.