For the reasons stated in paragraphs 30 to 35 above, I am not satisfied that Miss Bradman was unable to use public transport without substantial assistance due to her disabilities at the time she claimed mobility allowance on 28 October 2024.
Miss Bradman therefore was not qualified for mobility allowance and the decision to reject her claim was correct.
Legislation Cited (2)
Security (Administration) Act 1999
Security Act 1991
Cases Cited (5)
Bradman and Secretary, Department of Social Services (Social security) [2025] ARTA 3102 (1 October 2025)
Generally, where a person has been overpaid Commonwealth monies, they are expected to repay such amounts. Section 1237 of the Act provides that there are only limited circumstances in which a properly raised debt may not be recovered.
Section 1237A of the Act allows waiver of a debt where the debt has arisen solely due to administrative error on the part of the Commonwealth, and where the debtor receives payments in good faith.
Miss Bradman's debt arose as a result of her failing to advise Centrelink of her self-employment. There is no administrative error and the debt cannot be waived under section 1237A of the Act.
Section 1237AAD of the Act is a discretionary waiver provision that can be applied where "special circumstances" exist, and it is more appropriate to waive than write off recovery. In order for a debt to be waived on the basis of special circumstances, the debt cannot have arisen wholly or partly from the debtor knowingly making a false statement or a false representation, or knowingly failing or omitting to comply with their Centrelink obligations.
Whilst it is clear from this passage that actual (as compared to) constructive knowledge is required, the Tribunal has recognised that the presence of actual knowledge may be inferred from the circumstances where a debtor had the opportunity to gain that knowledge, and there were no obstacles preventing him acquiring that knowledge: see also Anderson and Department of Family and Community Services [2002] AATA 239; (2002) 68 ALD 494, Secretary, Department of Family and Community Services and Temesgen [2002] AATA 1290; (2002) 72 ALD 563 at 564-565 and Balancio and Secretary, Department of Family and Community Services [2003] AATA 466; (2003) 74 ALD 204 at 209.
Centrelink's documents include a number of letters sent to Miss Bradman regarding her mobility allowance, dated both before and during the debt period. Those letters advise Miss Bradman that she must tell Centrelink within 14 days of any change in circumstances and, specifically, that she must advise if any of the following events occur:
you stop working or change who you work for
you stop or change your training activity
you stop your voluntary work or change who you work for
the number of hours you work and/or spend at your training activity and/or spend doing voluntary work falls below 32 hours over a four week period
you stop looking for work
Miss Bradman did not advise Centrelink that her only form of employment from January 2020 onwards was self-employment. I am satisfied that Miss Bradman was made aware by Centrelink's correspondence of her obligation to advise of any change of circumstances and that she knowingly failed to comply with her obligations. This means no part of the debt can be waived pursuant to section 1237AAD of the Act.
I am in any event not satisfied that special circumstances exist in Miss Bradman's case. For special circumstances to exist, there needs to be something which distinguishes a person's case from the ordinary or usual case - see Angelakos v Secretary, Department of Employment and Workplace Relations[2007] FCA 25.
In Davy and Secretary, Department of Employment and Workplace Relations(2007) AATA 1114, it was noted that: