Uberoi and Secretary, Department of Family and Community Services

[2002] AATA 206

DECISION AND REASONS FOR DECISION [2002] AATA 206

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No Q2001/188

GENERAL ADMINISTRATIVE  DIVISION       )          
           Re      GAJENDER UBEROI       
  Applicant
           And    SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES        
  Respondent

DECISION

Tribunal       Mr. D.W. Muller, Senior Member

Date21 March 2002

PlaceLismore

Decision      The Tribunal affirms the decision under review.          

............(Signed)..................................
  D.W. MULLER
  SENIOR MEMBER

CATCHWORDS
 SOCIAL SECURITY – overpayment – recovery – newstart allowance paid while applicant overseas – not received in good faith – no waiver

REASONS FOR DECISION

21 March 2002        Mr. D.W. Muller, Senior Member             

1. This is an application to review a decision to raise and recover an overpayment of Newstart Allowance, in the amount of $1166.00 for the period 15 November 1999 to 24 December 1999.

2. Mr. Uberoi was in receipt of Newstart Allowance when he left Australia on 14 November 1999 to travel to Sweden.  Mr. Uberoi returned to Australia on 31 January 2000.  His departure was detected from a data-matching program conducted between the Immigration and Family and Community Services Departments.  His Newstart Allowance was stopped in January 2000.

3. Mr. Uberoi had been overseas on previous occasions.  He knew that he was not entitled to receive Newstart Allowance while he was overseas.

4. Mr. Uberoi informed Centrelink before he departed that he was intending to go overseas.  He claims to have also told Centrelink of his actual departure date but Centrelink has no record of this.  It is Mr. Uberoi's contention that because he told Centrelink that he was going overseas and that because he was paid while he was away, Centrelink made the mistake and therefore he should not have to repay the overpayment.

5. Whilst it is not at all clear that Mr. Uberoi did tell Centrelink of the exact date that he was leaving Australia, it is clear that he knew he was not entitled to receive Newstart Allowance while he was away.  He did not receive the benefit in "good faith" and there are no other circumstances sufficiently special to warrant waiving the right of the Commonwealth to recover the debt.

6. The Tribunal affirms the decision to raise and recover the overpayment of Newstart Allowance for the period 15 November 1999 to 24 December 1999 and to not waive the right of the Commonwealth to recover the debt.

   I certify that the 6 preceding paragraphs are a true copy of the reasons for the decision herein of Mr. D.W. Muller, Senior Member

   Signed:         .....................................................................................
              B. Hitchcock, Personal Assistant

   Date/s of Hearing  21 March 2002
   Date of Decision  21 March 2002
   Applicant  Mr. Uberoi, himself
   Respondent  Mr. R. McQuinlan, Departmental Advocate