Key Takeaways
- The Status Resolution and Support Services (SRSS) Program provides financial aid, medical assistance, housing support, and case management to individuals in Australia awaiting decisions on their protection visa applications.
- Debts typically arise from overpayments due to various reasons including grant/rejection of visa applications, employment income, international money transfers, not meeting reporting requirements, or errors by Centrelink.
- Individuals receiving a debt notice from Centrelink can verify the debt, request an internal review, seek a waiver for financial hardship, or establish a repayment plan.
- To apply for a debt waiver, individuals must submit a request to the Department of Finance, demonstrating extreme financial hardship or unfairness in debt recovery.
- If a waiver request is denied, individuals can negotiate repayment plans, reapply for a waiver if circumstances change, or seek legal recourse in cases of procedural errors.
Overpayments under the Status Resolution and Support Services (SRSS) Program can create unexpected financial burdens for individuals awaiting decisions on their protection visa applications. Understanding your rights and the available options to review or waive an SRSS debt is crucial in managing financial stability. This document outlines the steps to challenge a debt, seek a waiver, and navigate repayment options effectively.
Understanding the SRSS Program and Debt Accumulation
What is the SRSS Program?
The Status Resolution and Support Services (SRSS) Program supports individuals living in Australia while awaiting decisions on their protection visa applications. The program provides:
- Financial aid (through Centrelink/Services Australia)
- Medical assistance
- Housing support
- Case management and essential services
Why Would You Owe Money to Centrelink?
Debts under the SRSS Program typically arise from overpayments, which can occur due to:
- Grant or rejection of a visa application
- Gaining employment or receiving financial assistance from another source
- Sending or receiving large sums of money internationally
- Failing to meet Department of Home Affairs’ reporting requirements
- Centrelink errors leading to incorrect payments
If Centrelink identifies an overpayment, they will send a debt notification letter requiring repayment. If you disagree with this decision, you have the right to request a review.
Responding to a SRSS Debt Notice
What to Do If You Receive a Debt Letter
If you receive a debt notification from Centrelink, you have several options:
- Verify the debt – Ensure the overpayment calculation is accurate.
- Request a review – If you dispute the debt, you can seek an internal review.
- Seek a waiver – In cases of financial hardship, you may be eligible to have the debt waived.
- Set up a payment plan – If repayment is required, Centrelink may allow you to repay in instalments.
To discuss an SRSS debt, contact Centrelink at 1800 316 556.
Requesting a Review of the Debt
How to Request a Review
If you believe the debt calculation is incorrect, you can request a review by a senior Centrelink officer who was not involved in the original decision.
You can request a review via:
- In-person visit – At a local Centrelink office.
- Phone call – Using the contact number on your debt letter.
- Online submission – Through your myGov account (under the ‘Complaints’ section).
- Written request – Send your request to Centrelink, Reply Paid 7800, Canberra BC ACT 2610.
- Fax – 1300 786 102.
What Happens in the Review Process?
- The review officer will contact you to discuss the case and review any additional information you provide.
- The officer will confirm, amend, or cancel the debt based on available evidence.
- If the debt is overturned, any repayments already made will be refunded.
- If the debt is confirmed, repayment obligations remain in place.
Can You Pause Debt Repayments During Review?
Yes, you may request temporary suspension of repayments while the review is ongoing. If Centrelink refuses, you can escalate the matter or file a complaint.
Consequences of Non-Payment
If you do not take action by the due date, Centrelink or the Department of Home Affairs may:
- Initiate legal action to recover the debt
- Refer the debt-to-debt collectors
- Affect your future visa applications
If contacted by a debt collector while your review is in progress, inform them that you have lodged a Centrelink review request, and that the debt should be referred back to Centrelink.
If you feel harassed by a debt collector, contact the Australian Competition and Consumer Commission (ACCC) at 1300 302 502.
Applying for a Debt Waiver
What is a Debt Waiver?
A waiver means the Australian Government permanently cancels the debt and will not pursue repayment. Only the Department of Finance can approve a waiver.
Who is Eligible for a Waiver?
Debt waivers may be granted in cases of extreme financial hardship or if debt recovery would be unfair or unreasonable.
Financial hardship may apply if debt repayment would prevent you from covering:
- Rent and housing expenses
- Food and essential supplies
- Medical treatment or education costs
How to Apply for a Waiver
Submit an application to the Department of Finance, including:
- Correspondence with Centrelink
- Supporting documents from a case worker, financial counsellor, or medical professional
- Statement of Financial Details outlining your financial situation
Send applications to:
Email: sfc@finance.gov.au
Post: Discretionary Payments Section, Department of Finance, 1 Canberra Avenue, FORREST ACT 2603
Phone (for inquiries): 1800 227 572
What If My Waiver Request is Denied?
If your waiver request is unsuccessful:
- Consider negotiating a repayment plan with Centrelink.
- A new waiver application can be submitted if your circumstances change.
- In rare cases, a legal challenge may be possible if there was a legal error in the decision.
How to File a Complaint About Centrelink
If you are dissatisfied with how Centrelink has handled your case, you can:
- Lodge a complaint with Centrelink at 1800 132 468.
- Contact the Commonwealth Ombudsman at 1300 362 072.
The Ombudsman cannot overturn a Centrelink decision but can investigate procedural issues and recommend changes.
Key Legislation
- Social Security (Administration) Act 1999: Governs how Centrelink administers payments, including debt recovery processes.
- Financial Management and Accountability Act 1997: Regulates financial obligations and government debt waiver policies.
- Migration Act 1958: Contains provisions regarding visa applications, status resolution, and financial obligations.
Resources and Support
For additional information and assistance, consider the following resources:
- Centrelink: Provides information about social security payments, debt management, and support services.
- Services Australia: Offers details on the Status Resolution Support Services Payment and other related benefits.
- Department of Finance: Outlines the waiver of debt process and financial management policies.
- Victoria Legal Aid (VLA): Offers legal assistance and guidance for individuals navigating Centrelink debt and immigration-related legal issues. Victoria Legal Aid also provides template letters for requesting a debt review or waiver, which can be accessed on their website.
Conclusion
Navigating SRSS debt, overpayments, and waiver applications can be complex, but understanding your rights and available options is key to managing your financial obligations effectively. Whether you are disputing a Centrelink decision, seeking a waiver, or negotiating a repayment plan, taking timely action is crucial. By utilizing the available resources and seeking professional advice, you can work toward a resolution that minimises financial hardship and ensures compliance with legal obligations.
If you require legal assistance with SRSS debts, overpayments, or waiver applications, Pentana Stanton Lawyers offers expert guidance and representation. Our experienced legal team specializes in Centrelink disputes, debt negotiations, and administrative appeals, ensuring that you receive clear, strategic advice tailored to your circumstances.
Contact us today to explore your options and take the necessary steps toward resolving your case effectively.
