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

This matter concerned an appeal by the Applicant against a decision of the Social Services and Child Support Division affirming a debt arising from an overpayment of child care benefit (CCB) and child care rebate (CCR). The Applicant contended that she was entitled to the maximum allowance of 50 hours of child care per week per child, and that any debt accrued due to exceeding her entitlement was the responsibility of Centrelink. Alternatively, she argued that if she was ineligible for the maximum allowance, the debt should be waived due to her personal financial circumstances and the welfare of her children.

The primary legal issues before the Tribunal were whether the Applicant was entitled to 50 hours of CCB and CCR during the relevant debt period, whether the resulting overpayment constituted a debt to the Commonwealth, and if so, whether all or part of the debt should be written off or waived. The determination of entitlement to the maximum allowance hinged on whether the Applicant and her partner satisfied the "work/training/study" test as defined by the *A New Tax System (Family Assistance) Act 1999* and its associated administration Act.

The Tribunal found that the Applicant was not entitled to the maximum allowance of 50 hours of CCB and CCR. It was noted that the Applicant had been reminded of her obligations to meet the work/training/study test throughout the debt period but continued to claim at the maximum rate, adopting a "cavalier approach" to correspondence from Centrelink. The Tribunal was not satisfied that any special circumstances existed that would make it desirable to waive the debt. Consequently, the decision under review, which affirmed the debt, was affirmed.