Valkai and Secretary, Department of Family and Community Services

[2005] AATA 658

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2005] AATA 658

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No N2004/1522

GENERAL  ADMINISTRATIVE  DIVISION		)
Re		FRANK VALKAI

Applicant

And SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES

Respondent

WRITTEN REASONS FOR ORAL DECISION

Tribunal Ms N Bell, Senior Member

Date8 June 2005

PlaceSydney

Decision The decision under review is affirmed

............................................

Ms N Bell
  Senior Member

SOCIAL SECURITY – Overpayment of Newstart Allowance – Debt Raised – Applicant Paid Debt – Applicant Agreed that he was Overpaid – Applicant did not Argue Error in Debt being Raised by Centrelink – Other Concerns of Applicant Outside Jurisdiction of Tribunal – Decision Affirmed.

SOCIAL SECURITY ACT 1991, sections 1237A and 1237AAD

WRITTEN REASONS FOR ORAL DECISION

6 July 2005 Ms N Bell, Senior Member

1.      Mr Valkai, is a 32 year old man currently in receipt of Newstart Allowance.  The decision that his application concerns is one made by the Social Security Appeals Tribunal on 28 October 1998.  That decision affirmed Centrelink’s decision to raise and recover an overpayment of Newstart Allowance made to Mr Valkai in the sum of $5,438.99.  This debt has been repaid in full by Mr Valkai.

2.      The background of Mr Valkai’s application is as follows:

(i)On 30 January 1998, Centrelink decided to raise and recover the debt amount after a data match with the Australian Taxation Office, revealing that Mr Valkai had underestimated his income from casual employment during the period 3 August 1996 to 20 June 1997.

(ii)On 9 April 1999, proceedings relating to the debt amount were instituted by the Commonwealth against Mr Valkai, to which he pleaded guilty, resulted in a two year Good Behaviour Bond.

(iii)On 16 February 2000, Mr Valkai made the final instalment of the debt repayment.

(iv)On 17 January 2005, Mr Valkai was granted an extension of time to lodge an application with this tribunal.

3.At the Hearing, Mr Valkai made it plain that he accepted being overpaid Newstart Allowance, that the overpayment was a debt and that it should be repaid. 

4.Mr Valkai’s real concern appeared to be that he was prosecuted in relation to the overpayment and a major consequence of the prosecution was that his security licence was unable to be renewed.  Mr Valkai stated that he had legal representation at those proceedings and pleaded guilty. 

5.In relation to Mr Valkai losing his security licence, he appealed the decision not to renew the licence to the Administrative Decisions Tribunal but was not successful.

6.In view of Mr Valkai’s admissions that there was an overpayment made to him, that it was a debt and that it should have been repaid, together with his plea of guilty and conviction at Wollongong Local Court relating to the debt amount, there is no basis on which I can disturb the decision of the Social Security Appeals Tribunal.  I have no option but to affirm that decision.

decision

7.The decision under review is affirmed

I certify that the 7 preceding paragraphs are a true copy of the reasons for the decision herein of Ms N Bell, Senior Member

Signed:         .............[Linda Blue].......................................
  Associate

Date of Hearing  8 June 2005
Date of Oral Decision                8 June 2005
Date of Publication of Written Reasons    6 July 2005
Solicitor for the Respondent     Centrelink, Legal Services