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

This matter concerned an appeal by XSYY against a decision of the Social Services and Child Support Division which affirmed a debt owed to the Commonwealth for overpayment of Newstart allowance. The core of the dispute was whether XSYY had incorrectly declared his income, leading to an overpayment, and if so, whether the debt was recoverable or should be waived or written off. The case was heard by Mr S Evans, Member.

The legal issues before the Tribunal were whether XSYY had failed to comply with his reporting obligations under the *Social Security (Administration) Act 1999* (Cth), whether there was an overpayment of Newstart allowance due to incorrectly declared income, and if such a debt was recoverable, whether special circumstances existed to warrant its waiver or write-off in part or in full.

The Tribunal affirmed the decision under review, finding that XSYY had not complied with his reporting obligations by failing to disclose all his reportable income. XSYY contended that he misunderstood the reporting requirements, believing only income from 'full time employment' and not 'casual work' or 'educational scholarships' needed to be reported. However, the Tribunal noted that XSYY had been repeatedly informed of his income reporting obligations through numerous letters and communications from Centrelink. While XSYY claimed to have received advice that scholarship income for educational purposes was exempt, the Tribunal found no evidence to support this claim beyond his own assertion, and that a record of a conversation on 10 April 2013 indicated XSYY understood his fortnightly reporting obligations. The Tribunal concluded that there were no special circumstances that would justify waiving or writing off the debt.