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

This matter concerned an appeal by the applicant, Williams, against a decision by the Secretary of the Department of Social Services regarding an overpayment of an age pension. The dispute centred on the calculation of the debt and the applicant's eligibility for waiver of that debt. The decision was made by K Millar SM.

The primary legal issues before the court were whether the debt was recoverable given the time elapsed, and how the debt should be calculated, particularly in light of changes in legislation and the applicant's income and assets over time. The court also considered the applicant's right to make submissions regarding the waiver of any recalculated debt.

The court determined that Section 1234B of the Social Security Act 1991 (Cth), which allows for the recovery of debts at any time, applied to the debt in question as it arose after the commencement of that provision on 1 January 2017. However, the court found that the original calculation of the debt was insufficient. It required the overpayment to be recalculated in accordance with the legislation applicable at each point in time during the debt period, with comprehensive details on the assessment methods for assets and income streams.

Consequently, the decision under review was set aside and remitted to the Secretary for reconsideration. The reconsideration was to include a detailed recalculation of the overpayment, providing the applicant with the opportunity to make further submissions on whether any resulting debt should be waived.