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

This matter concerned an appeal by the applicant, Ms Zablotsky, against a decision of the Secretary of the Department of Social Services regarding her Disability Support Pension (DSP) and a resulting recoverable debt. The core of the dispute revolved around whether Ms Zablotsky was a member of a couple during a specified period, which impacted the rate of her DSP payments and led to an alleged overpayment. The case was heard by A Poljak SM.

The legal issues before the Tribunal were twofold: firstly, whether Ms Zablotsky was a member of a couple with Mr Zablotsky for the purposes of the Social Security Act 1991 (Cth) during the relevant period, and secondly, whether any resulting debt owed to the Commonwealth for an overpayment of DSP could be waived or written off. The Tribunal was required to consider the financial and social aspects of the relationship, as well as the nature of the commitment between Ms Zablotsky and Mr Zablotsky.

The Tribunal found that Ms Zablotsky and Mr Zablotsky were members of a couple within the meaning of the Act during the period from 15 October 2013 to 27 March 2017. This conclusion was based on evidence of their pooling of resources and responsibilities, the applicant's description of a happy and loving marriage, and Mr Zablotsky's financial and emotional support. The Tribunal was satisfied that there was a continuum in their relationship throughout this period. Consequently, the overpayment of DSP, calculated at $61,528.19, was deemed a legally recoverable debt. The Tribunal also determined that the debt could not be waived or written off under sections 1236 or 1237A of the Act, as there was no evidence of administrative error solely causing the debt, nor was the debt irrecoverable. The decision under review was set aside and substituted with findings that the applicant was a member of a couple, owed a debt of $61,528.19, and that this debt was recoverable in full.