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

This matter concerned an appeal by the applicant against a decision of the Secretary, Department of Social Services, regarding debts raised for Youth Allowance (YAL) and a student start-up scholarship. The applicant contended that these debts should not have been raised, or alternatively, should be written off or waived. The case was heard by Linda Kirk SM in the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were whether the applicant qualified for YAL between 26 August 2015 and 13 May 2016, and consequently, whether the YAL and scholarship debts were recoverable. This involved determining if the applicant was undertaking full-time study, specifically whether he was enrolled in at least three-quarters of the normal full-time study load for his course, as defined by the relevant sections of the Social Security Act 1991 (Cth). The Tribunal also considered whether the debts should be written off or waived due to administrative error or special circumstances, pursuant to sections 1236, 1237A, and 1237AAD of the Act.

The Tribunal found that the data match information provided by the University to the Department, indicating the applicant's Course EFTSL Workload was 0.3 from 26 August 2015 to 11 November 2015, was inconsistent with the applicant's evidence. The applicant provided evidence that he was enrolled in four units in Semester 2, 2015, which equated to an EFTSL of 0.5, exceeding the 0.375 EFTSL required for full-time study. This was supported by the fact that he was approved for retroactive withdrawal from these four units on 28 October 2015. The Tribunal concluded that the data match information was not reliable in reflecting the applicant's actual study load during the relevant period.

Consequently, the Tribunal set aside the decision under review. In substitution, it was decided that the applicant qualified for Youth Allowance during the period from 26 August 2015 to 13 May 2016. Therefore, no Youth Allowance or Scholarship debt was owed by the applicant under section 1223(1) of the Social Security Act 1991 (Cth).