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Timing it wrong: Benefits, Income Tests, Overpayments and Debts

📥  employment, future, policymaking, Welfare

Professor Peter Whiteford is a Professor in the Crawford School of Public Policy at the Australian National University and Professor Jane Millar is a member of the Institute for Policy Research (IPR) Leadership Team, in addition to her role as Professor of Social Policy at the University of Bath.

Unexpected bills can be a challenge for any household. But for people who rely on social security payments, unexpected news of a significant debt – sometimes dating back years – can be bewildering to say the least. This is exactly what tens of thousands of Australians have experienced in recent months.

Since just before Christmas, Centrelink’s use of a new automated data-matching system has resulted in a significant increase in the number of current and former welfare recipients identified as having been overpaid and, thus, being in debt to the government. The data-matching system seems to have identified people with earned income higher than the amount reported when their benefits were calculated.

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Many of these people were alarmed when Centrelink contacted them about the assumed debt. Their stories have been recounted over the past two months in the mainstream media and social media. The controversy prompted the Shadow Human Services Minister Linda Burney to request an auditor-general’s investigation. After receiving more than one hundred complaints about problems with the debt-recovery process, independent MP Andrew Wilkie asked the Commonwealth Ombudsman to step in, and he has since launched an investigation. The Senate Community Affairs References Committee will also examine the new process.

This is by no means Australia’s first social security overpayment controversy. The last storm was sparked by the expansion and fine-tuning of family tax benefits in 2000. Under that new system, families were given the option of taking their payments as reductions in the income tax paid on their behalf by their employer. To ensure that this group was treated in the same way as those who received cash benefits from Centrelink, the government introduced an annual reconciliation process. Before the beginning of each financial year, families were asked to estimate what their income would be in the subsequent tax year; later, after they had filed their tax returns, an end-of-year reconciliation process would bring income and family benefits into line.

This seemed like a rational system. People who had been underpaid could receive a lump sum to ensure their correct entitlement. People who had been overpaid would pay back the money that they weren’t entitled to keep. The reconciliation would correct any mistakes people made when they estimated their income for the year ahead (not necessarily an easy task to get right!) and make the system responsive to changes in income during the year.

But many families’ estimates at the start of the year proved to be poor guides to income received during the year. This happened in both directions – some estimates were too high, some too low – but most often real annual incomes were higher than predicted. The result was a very large increase in overpayments and, thus, in debts. Before the new system was introduced, just over 50,000 families had debts at the end of each year; in the first year of the new system, an estimated 670,000 families received overpayments. Overall, around one third of eligible families incurred an overpayment in the first two years of the new system.

This is how the system was designed to work. But for the families who found themselves owing sometimes large and usually unexpected debts, the experience created confusion, stress and anger. It also generated considerable controversy in parliament and the media. So, in July 2001, just before an important by-election, the Howard government announced a waiver of the first $1,000 of all overpayments, which reduced the number of families with debts to around 200,000. Further fine-tuning came in 2002, also aimed at reducing overpayments and debts. Then, in 2004, an annual lump sum was added to family tax benefit A with the aim of offsetting any overpayments.

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At around this time, Britain was designing and introducing a new system of tax credits for people in work (the working tax credit) and for families with children (the child tax credit). The system had some features in common with the Australian approach, had some features in common with the Australian approach, including an end-of–year reconciliation. The British government was keen to avoid the sort of controversy that had blown up in Australia, so it included a mechanism for changing the level of tax credit not just at the end of the year but during the year as well.

The assessment for credits was initially made on the basis of gross family income in the previous tax year. If recipients reported changes in income and circumstances during the year, then the award was adjusted, and at the end of the year total credits and income were reconciled. But many changes in income and circumstances went unreported during the year and so, in practice, considerable adjustment was required. Over the first few years of the system, about 1.9 million cases of excessive credits occurred each year.

As in Australia, the system caused significant hardship and generated adverse media coverage and much concern. In 2005 and 2006, the British government introduced a number of changes designed to reduce overpayments, including a very substantial increase in the level of the annual income “disregard” from £2,500 to £25,000. This meant that family income could rise by up to £25,000 in the current award year before tax credits were reduced. The amount has since been brought back to the original £2,500, which will probably mean overpayments will start to rise again. Processes exist for recovering overpayments of tax credits and housing benefits, and these sometimes attract some media attention, most recently in relation to the use of private debt collectors.

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Together with the current Centrelink controversy, the experience of these earlier cases offers four main lessons for social security policy.

First, getting payments “right” in any means-tested system is a complex process necessarily involving trade-offs between responsiveness and simplicity. If the aim is to precisely match income and benefit in real time, then there must be constant updating and checking of income and adjustments of benefits. But such a system would be very intrusive and administratively complex. So systems are designed to pay first and reconcile later, which makes overpayments almost inevitable.

Governments can minimise the impact by disregarding some overpayments, as both Australia and Britain have done in the past. But that is not part of the design of Australia’s latest program of debt recovery. People are being chased partly because the Budget Savings (Omnibus) Act 2016 toughened repayment compliance conditions for social welfare debts. New conditions include an interest charge on the debts of former social welfare recipients who are unwilling to enter repayment arrangements, extended Departure Prohibition Orders for people who are not in repayment arrangements for their social welfare debts, and the removal of the six-year limitation on debt recovery for all social welfare debt.

People ardently dislike systems that they don’t understand and feel are unfair, or that seem to create debts beyond their control. A very stringent approach to collecting overpayments can cause real hardship and generate controversy. It has even been suggested that there may be a punitive element to this, with Centrelink staff not encouraged or required to help people to correct errors.

Second, IT systems are not by themselves the cause of these problems. It is easy to blame the technology when things go wrong, and some problematic factors do indeed appear to be technological. The names of employers provided to the Australian Tax Office and Centrelink don’t always match, for example, and it appears that in some cases the same income is counted twice because the assessment process matches names rather than Australian Business Numbers.

More significantly, Centrelink’s formula can produce false estimates of debts when individuals are asked to confirm their annual income reported to the Australian Tax Office, because it simply divides the reported annual wage by twenty-six. That overly simplified calculation will only produce a useful figure if individuals receive exactly the same income each fortnight, which is often not the case, especially for casual workers, students and other people with intermittent work patterns.

But these problems are not necessarily the fault of the IT, which is only doing what it has been designed to do. More checking by humans would probably reduce errors, but outcomes that result from the design of the policy can’t be resolved by technical fixes.

Third, IT systems are not by themselves the solution either. It is possible that the earlier problems with overpayments of family tax benefits may recur very soon. In early February, the federal government introduced a new omnibus savings bill to parliament, combining and revising several previously blocked welfare measures into a single piece of legislation in order to save nearly $4 billion over the next four years, after allowing for increased spending on childcare and family tax benefits. By far the most significant of the projected savings in the bill – $4.7 billion over four years – results from phasing out the end-of-year supplements for family tax benefit recipients, which were introduced to solve the overpayment and debt problems referred to earlier.

So why would the government think that the overpayment of family payments and the subsequent debt problem will be resolved, as this saving seems to assume? The answer is not entirely clear, but seems to relate to the update of Centrelink’s computer system announced in 2015. “The new technology to underpin the welfare system will offer better data analytics, real-time data sharing between agencies, and faster, cheaper implementation of policy changes,” Marise Payne, then human services minister, said at the time. “This means customers who fail to update their details with us will be less likely to have to repay large debts, and those who wilfully act to defraud taxpayers will be caught much more quickly.”

Complementing the Centrelink update are proposed changes in reporting systems at the Australian Tax Office, particularly the introduction of a single-touch payroll system. Under the new system, when employers pay their staff, the employees’ salary or wages and PAYG withholding amounts will automatically be reported to the Tax Office, which can then share this data with Centrelink.

The government seems to be assuming that computer and system updates will provide a technological fix to the problem of family tax benefit overpayments – and thus deliver a saving of $4.7 billion over the next four years. But what if the new IT systems don’t work in the ways envisaged? The Australian Tax Office’s computer system has crashed a number of times over the past year. Indeed, in the very same week that the government introduced the new omnibus savings bill, newspaper reports of this “tech wreck” suggested that the Tax Office might not be able to guarantee this year’s lodgement of returns in time for the start of the new financial year. The reports also noted that the development of the single-touch payroll system would remain one of the Tax Office’s priorities for this year.

Finally, to reiterate our first point, these problems have arisen from policy choices and design. Britain is introducing a new system, Universal Credit, which will use real-time adjustments to track changes in earnings and seek to match awards to income on a monthly basis. How well this will work in practice remains to be seen. In both countries, trends towards more insecure and variable employment patterns – and hence irregular pay packets – will make balancing accuracy and timeliness in means-tested welfare benefits more difficult. The assumption of regular and unchanging income no longer holds, and this new reality requires a policy, not a technical, solution.

This piece originally appeared on INSIDE STORY.

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