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

The Administrative Appeals Tribunal (AAT) considered the matter of Thomas and the Secretary, Department of Social Services, concerning an alleged overpayment of Age Pension. The applicant, Thomas, disputed the Department's determination that he had received an overpayment of his Age Pension due to superannuation income, and consequently, that this overpayment constituted a debt to the Commonwealth which was recoverable. The core of the dispute revolved around whether the debt was indeed recoverable and, if so, whether it would be appropriate for the debt to be written off or waived.

The Tribunal was required to determine whether the applicant had been overpaid Age Pension due to undeclared superannuation income, and if an overpayment had occurred, whether that amount constituted a recoverable debt owed to the Commonwealth. Further, the Tribunal had to consider the applicant's arguments for the debt to be waived or written off, assessing the appropriateness of such actions in the circumstances.

In its reasoning, the Tribunal affirmed the Department's decision that an overpayment had occurred. It found that the applicant had failed to declare superannuation income as required, which directly impacted his eligibility for and the amount of Age Pension received. The Tribunal applied the relevant provisions of the *Social Security Act 1991* (Cth) concerning income and assets, and the definition of a debt to the Commonwealth. After considering the evidence and the applicant's submissions regarding hardship, the Tribunal concluded that the debt was recoverable and that the circumstances did not warrant its waiver or write-off. The Tribunal affirmed the decision under review.