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

This matter concerned an appeal by Ms Merinda Tomlin against a decision of the Secretary of the Department of Social Services regarding an overpayment of parenting payment (partnered). The central dispute was whether Ms Tomlin had incurred a debt of $37,454.02 for parenting payment (partnered) received between 24 May 2011 and 21 September 2015, and if so, whether there were grounds to write off or waive all or part of this debt. The case was heard by Dr L Bygrave, Member, of the Administrative Appeals Tribunal.

The legal issues before the Tribunal were twofold: firstly, to determine if Ms Tomlin had indeed incurred a debt due to an overpayment of parenting payment (partnered) for the specified period; and secondly, to consider whether any grounds existed under the *Social Security Act 1991* (the Act) for writing off or waiving the debt, either in whole or in part. This included examining whether the debt should be waived due to sole administrative error or special circumstances.

The Tribunal found that Ms Tomlin did have a debt of $37,454.02, as she had been overpaid parenting payment (partnered) between 24 May 2011 and 21 September 2015, a fact not disputed by Ms Tomlin. However, the Tribunal considered the provisions for waiving debt under section 1237A of the Act. While not satisfied that the debt should be waived due to special circumstances for the entire period, the Tribunal determined that the debt for the period from 8 December 2011 to 21 September 2015 should be waived. Consequently, the Tribunal set aside the original decision and substituted its own, finding that Ms Tomlin had a recoverable debt for the period 24 May 2011 to 7 December 2011, with the remainder of the debt being waived.