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

This matter concerned an application by Mr Wittenberg for a second review by the Administrative Appeals Tribunal (AAT) of a decision to raise and recover a parenting payment debt of $57,808.48. The debt related to the period between 31 May 2012 and 28 August 2019. Mr Wittenberg had previously sought review of the Authorised Review Officer's decision by the Social Services and Child Support Division of the AAT, which affirmed the original decision. Mr Wittenberg was dissatisfied with this outcome and sought a further review by the General Division of the AAT.

The primary legal issues before the Tribunal were whether the parenting payment debt should be waived or written off, and whether there were special circumstances, such as financial hardship or unusual and uncommon circumstances, that would justify such an action. The Tribunal was required to consider the relevant provisions of the *Social Security Act 1991* (Cth) and the *Social Security (Administration) Act 1999* (Cth), as well as applicable policy guidelines.

The Tribunal found that Mr Wittenberg had a responsibility to notice discrepancies in the income Centrelink relied upon and to contact the agency to correct them, which he failed to do. Consequently, the debt was considered valid and repayable to the Commonwealth. However, the Tribunal acknowledged the need to afford Mr Wittenberg and his family time to seek employment or other sources of income to support themselves and repay the debt. The Tribunal concluded that the circumstances of Mr Wittenberg and his family were not unusual or out of the ordinary, and that they were able-bodied individuals capable of overcoming the immediate hurdle of lost paid hours.

The Tribunal set aside the decision under review and substituted its own decision. It affirmed that Mr Wittenberg owed a parenting payment debt of $57,808.48 to the Commonwealth. The debt was ordered to be written off for a period of six months from the date of the decision, after which it would be otherwise recoverable in full.