Chaplin v. Secretary, Department of Social Services & Anor

Lower Court Judgment

15/07/2025 Federal Court of Australia (Thawley, Hespe and Kennett JJ)

[2025] FCAFC 89

Catchwords

Social security – recovery of debt under s 1223(1) Social Security Act 1991 (Cth) (‘Act’) - calculation of youth allowance and debt – burden of proof – whether Secretary is required to be satisfied that recipient is not entitled to payment (or part of it) before debt recovery -  whether debt aggregated across periods or calculated for particular periods – whether, for the purposes of the Act, a recipient, employed casually, ‘earned’ income upon becoming legally entitled to it or upon having a legally enforceable right to payment - phrase ‘earned, derived or received’ - whether Full Court erred in finding it was permissible to attribute income to the time it was received where it is not possible to reach a view about when it was earned