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2020

Greentree and Secretary, Department of Social Services [2020] AATA 659

The AAT affirmed a decision a pharmacy student did not qualify for a disability support pension as her condition was not severe, and she was studying and capable of working in the future.

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

The AAT set aside a decision that the applicant did not qualify for a disability support pension as her condition was severe and she would struggle to find and maintain employment.

Wilson and Secretary, Department of Employment, Skills, Small and Family Business

The Department asked the AAT to dismiss one of three applications from a self-represented applicant.


2019

Upjohn and Secretary, Department of Social Services (Social services second review) [2019] AATA 2963

The applicant claimed and received youth allowance whilst studying at university. He was also granted a student start up scholarship as an ancillary benefit of his youth allowance. In order to qualify for youth allowance and the student start up scholarship, a person must prove they are ‘undertaking full-time study’ or carrying an equivalent full time study load of at least 0.375. The Department of Social Services claimed that the applicant was not enrolled in full-time study and was therefore required to repay Centrelink for overpayments. The AAT had to decide whether the applicant met full time study requirements during the period in question.

Hillan and Secretary, Department of Social Services (Social services second review) [2019] AATA 1589

The applicant in this case was seeking the Disability Support Pension. The AAT had to establish whether the applicant’s impairments were diagnosed, treated and/or stabilised, and determine whether they were permanent.

Cordin and Secretary, Department of Social Services (Social services second review) [2019] AATA 887

This review concerned overpayments made to the applicant in circumstances where he was unrightfully receiving the family tax benefit and parenting payments. The primary issue was whether the debt should be written off. The AAT affirmed the Department’s decision regarding the amount of overpayments the applicant was liable for.

Hassan and Secretary, Department of Social Services (Social services second review) [2018] AATA 4618

This review concerned an Assurance of Support (AoS) debt, which is a commitment to repay any social security payments made by the Australian Government to individuals that are granted certain visas. The applicant claimed his AoS debt for payments made to his sister should be waived or written off. 


2018

Librizzi and Secretary, Department of Health (Social Services) 2018 AATA 2278

The applicant sought an extension of financial hardship assistance, to support her residential aged care, with the Department of Health. The Department determined that the applicant didn't qualify for further assistance, as the applicant had a property that could be used to contribute towards her aged care. The AAT affirmed the decision on review.

MZNK and Secretary, Department of Social Services (Social services second review) [2018] AATA 2003

The AAT heard a matter regarding a debt owed to the Department of Social Services where the applicant had been over paid. The AAT decided to set aside the decision and remitted it for reconsideration.

Forner and Secretary, Department of Social Services (Social services second review) [2018] AATA 1512

The AAT heard a matter about whether assets that the applicant had given to her grandchildren should be included in the calculation of her age pension. The Department of Human Services decided that the assets should be included. The AAT varied the decision.

Oates and Secretary, Department of Social Services (Social services second review) [2018] AATA 410

The parties to the matter were the parents of three children who had separated but remained living together in the same residence. The Tribunal considered the percentage of care each parent had of the children for child support purposes.

Joneidi and Secretary, Department of Social Services (Social services second review) [2018] AATA 176

The applicant was rejected a claim for the disability support pension by the Department of Human Services (Centrelink). The conditions set out in his claim include depression, bilateral knees osteoarthritis, lower back pain, benign prostatic hypertrophy and obstructive sleep apnoea. On second review, the Tribunal found these impairments were not rated at 20 points under the Impairment Tables and affirmed the decision.