Post by bear on Aug 25, 2020 14:03:52 GMT 7
'Like a black cloud hanging over me': Single mum says $20k Centrelink debt destroyed her life
Belinda Clarke says she now suffers anxiety and panic attacks after she was taken to court by the Commonwealth Director of Public Prosecutions.
It was early on a Saturday morning when Queensland single mum Belinda Clarke heard a knock on the door that would change the course of her life.
"We were all still in bed, that's how early it was. I think it was about half past seven," she said.
"There was this fellow that had rocked up to the door. He just said to me, 'I'm a sheriff and I'm serving you'.
"I said, 'Serving me with what?'
"'A Centrelink overpayment', he said, 'Just read it and you'll find out'."
Ms Clarke said she remembers going back inside her Cleveland home and speaking to her aunt, who was living with her along with her three young sons.
"I told her I'd just been served. I was in a world of trouble that I hadn't even known about. It was scary," she said.
Almost a decade on from that morning in September 2010, Ms Clarke said she remains just as confused and devasted by what happened, and what was to follow.
"I've always been honest with Centrelink in reporting what I earn," she said.
"I didn't understand what was happening. Even if there was a mistake, I still to this day don't understand why they didn't contact me sooner.
"Why didn't they say to me, 'Hang on a minute, we have overpaid you, we need that back now.' Why would they let someone who is on a low income, and a single parent, accumulate such a debt?"
In a statement provided to nine.com.au, Services Australia said: "We always give people information about why we think they have been overpaid, before a debt is raised and any recovery action taken."
However, Ms Clarke said she never received any phone calls or letters about the debt, despite living at the same address for years.
The debt was $20,000, and the Commonwealth Director of Public Prosecutions was taking Ms Clarke to court alleging that she had knowingly misled Centrelink about her earnings.
'I STILL REMEMBER GOING INTO THAT COURT'
After receiving the court summons, Ms Clarke said she called Centrelink.
"They said we can't discuss the matter with you. All I got from them was that you need to speak to a lawyer," she said.
Ms Clarke was given a legal aid lawyer, who she met with once for about an hour before the matter went to court.
"She basically told me that I should plead guilty. She said because it was my first offence, they wouldn't throw the book at me and I wouldn't get a criminal record."
Ms Clarke said the lawyer told her there was a voice recording taken when she had called up Centrelink.
"I would report my earnings to Centrelink and then if I got paid any overtime I would have to ring up and report my overtime. So I had done that but somehow it didn't equate to the same amount," she said.
Ms Clarke said she never heard the recording, and although she still wasn't entirely clear on what happened, she took the advice of her lawyer.
"I told her I have always been honest about what I've got but she said, 'You can't win against the government, I'll tell you that straight off the bat'," Ms Clarke said.
"'If they believe they have got a strong case to convict you with, you are not going to win'."
In its statement to nine.com.au, Services Australia said: "Services Australia conducts criminal investigations into serious offences such as fraud which may result in a referral to the Commonwealth Director of Public Prosecutions. The raising of a debt alone is not a reason for an investigation and subsequent referral to the CDPP."
The case went to the Cleveland Magistrates Court in December 2011. "I still remember going into that court room and the judge and what he looked like," Ms Clarke said. "It all was new to me. I didn't know when to stand or sit, or if I was doing the right thing.
"The judge basically tore into me and made me feel like an absolute criminal. He said he could send me away for nine months. I was just a nervous wreck.
"The police prosecutor was a gentleman, I remember, and was saying, 'No we are not after a jail term.' He let the judge know that I hadn't had any previous convictions."
The magistrate delivered his verdict, giving Ms Clarke a nine-month suspended jail sentence and two-year good behaviour bond.Court documents, seen by nine.com.au, show Ms Clarke was convicted of one count of obtain financial advantage for self. The conviction was recorded, meaning Ms Clarke was given a criminal record.
'IT'S LIKE A BLACK CLOUD HANGING OVER ME'
Ms Clarke said her conviction and the court action taken against her had haunted her over the years in more ways than one. "It's destroyed my life. For me it's like a black cloud hanging over me, labelling me as a criminal," she said.
After working in childcare for decades, Ms Clarke said she went to renew her blue card in 2018 and was knocked back because of her criminal record.
Ms Clarke said she had also been rejected for other jobs because of her criminal record, like one she applied for at Queensland Rail. "I was proud of the effort that I had gone to with Queensland Rail. They had so many applicants and I had made it to the top 20," she said. "Then I got an email saying just before you come for the interview we need your criminal history check. "When it came back with one count of fraud I was devastated. I sent it through to them, I tried to explain to them it was actually a Centrelink overpayment debt and that I don't defraud people but Queensland Rail said no, sorry, we can't continue with your application."
Ms Clarke said her mental health also suffered as a result of the court case."I ended up getting anxiety and having panic attacks," she said.
"I never had a panic attack previously. I never had an issue with it until then. I see a Centrelink letter now and my heart is pounding and I am thinking what have I done?
"Since then I always overestimate my income by about $10,000 because I don't ever want to be in that position again.
"Over the years we have gone without healthcare cards because I've wanted to have as little to do with Centrelink as possible."
OLD CENTRELINK DEBTS UNDER NEW SCRUTINY
Ms Clarke said despite her precautions she was one of the hundreds of thousands of people caught up in Centrelink's robodebt scandal. Last month Ms Clarke was notified she would be refunded $950 for a robodebt debt she was given in 2015. Ms Clarke said her notification of the refund was the first she had heard about her robodebt. "I didn't even know I was given the debt in the first place, but it was obviously taken from my tax refund," she said.
Ms Clarke's story comes as Centrelink faces increased scrutiny on debts issued before the disastrous robodebt scheme started operating in July 2015.
While the central component of robodebt - its calculations using income averaging - was declared unlawful by the Federal Court last year, the government has since acknowledged it averaged debts from the 1980s onwards, albeit on a far smaller scale.
Services Australia has recently set up a MyGov portal where income support recipients can request the details of their old debts, which were recorded either on paper or old IT systems.
The welfare recipient can also use the portal to request a review of their pre-2015 debt.
Ms Clarke said she has requested a review of her debt as her one last hope that it may allow her to have her criminal record stuck off. "I am not a criminal. I am a person who works hard and I give everything I have got. I feel ashamed and anxious every day because of this, it's demoralising."
In response to nine.com.au's queries about Ms Clarke's case, Services Australia said it would "work with Ms Clarke directly to address her concerns".
www.9news.com.au/national/centrelink-queensland-single-mum-says-20k-debt-destroyed-her-life/17c9e89f-2448-41b2-bfbe-7567d0ba1549
Belinda Clarke says she now suffers anxiety and panic attacks after she was taken to court by the Commonwealth Director of Public Prosecutions.
It was early on a Saturday morning when Queensland single mum Belinda Clarke heard a knock on the door that would change the course of her life.
"We were all still in bed, that's how early it was. I think it was about half past seven," she said.
"There was this fellow that had rocked up to the door. He just said to me, 'I'm a sheriff and I'm serving you'.
"I said, 'Serving me with what?'
"'A Centrelink overpayment', he said, 'Just read it and you'll find out'."
Ms Clarke said she remembers going back inside her Cleveland home and speaking to her aunt, who was living with her along with her three young sons.
"I told her I'd just been served. I was in a world of trouble that I hadn't even known about. It was scary," she said.
Almost a decade on from that morning in September 2010, Ms Clarke said she remains just as confused and devasted by what happened, and what was to follow.
"I've always been honest with Centrelink in reporting what I earn," she said.
"I didn't understand what was happening. Even if there was a mistake, I still to this day don't understand why they didn't contact me sooner.
"Why didn't they say to me, 'Hang on a minute, we have overpaid you, we need that back now.' Why would they let someone who is on a low income, and a single parent, accumulate such a debt?"
In a statement provided to nine.com.au, Services Australia said: "We always give people information about why we think they have been overpaid, before a debt is raised and any recovery action taken."
However, Ms Clarke said she never received any phone calls or letters about the debt, despite living at the same address for years.
The debt was $20,000, and the Commonwealth Director of Public Prosecutions was taking Ms Clarke to court alleging that she had knowingly misled Centrelink about her earnings.
'I STILL REMEMBER GOING INTO THAT COURT'
After receiving the court summons, Ms Clarke said she called Centrelink.
"They said we can't discuss the matter with you. All I got from them was that you need to speak to a lawyer," she said.
Ms Clarke was given a legal aid lawyer, who she met with once for about an hour before the matter went to court.
"She basically told me that I should plead guilty. She said because it was my first offence, they wouldn't throw the book at me and I wouldn't get a criminal record."
Ms Clarke said the lawyer told her there was a voice recording taken when she had called up Centrelink.
"I would report my earnings to Centrelink and then if I got paid any overtime I would have to ring up and report my overtime. So I had done that but somehow it didn't equate to the same amount," she said.
Ms Clarke said she never heard the recording, and although she still wasn't entirely clear on what happened, she took the advice of her lawyer.
"I told her I have always been honest about what I've got but she said, 'You can't win against the government, I'll tell you that straight off the bat'," Ms Clarke said.
"'If they believe they have got a strong case to convict you with, you are not going to win'."
In its statement to nine.com.au, Services Australia said: "Services Australia conducts criminal investigations into serious offences such as fraud which may result in a referral to the Commonwealth Director of Public Prosecutions. The raising of a debt alone is not a reason for an investigation and subsequent referral to the CDPP."
The case went to the Cleveland Magistrates Court in December 2011. "I still remember going into that court room and the judge and what he looked like," Ms Clarke said. "It all was new to me. I didn't know when to stand or sit, or if I was doing the right thing.
"The judge basically tore into me and made me feel like an absolute criminal. He said he could send me away for nine months. I was just a nervous wreck.
"The police prosecutor was a gentleman, I remember, and was saying, 'No we are not after a jail term.' He let the judge know that I hadn't had any previous convictions."
The magistrate delivered his verdict, giving Ms Clarke a nine-month suspended jail sentence and two-year good behaviour bond.Court documents, seen by nine.com.au, show Ms Clarke was convicted of one count of obtain financial advantage for self. The conviction was recorded, meaning Ms Clarke was given a criminal record.
'IT'S LIKE A BLACK CLOUD HANGING OVER ME'
Ms Clarke said her conviction and the court action taken against her had haunted her over the years in more ways than one. "It's destroyed my life. For me it's like a black cloud hanging over me, labelling me as a criminal," she said.
After working in childcare for decades, Ms Clarke said she went to renew her blue card in 2018 and was knocked back because of her criminal record.
Ms Clarke said she had also been rejected for other jobs because of her criminal record, like one she applied for at Queensland Rail. "I was proud of the effort that I had gone to with Queensland Rail. They had so many applicants and I had made it to the top 20," she said. "Then I got an email saying just before you come for the interview we need your criminal history check. "When it came back with one count of fraud I was devastated. I sent it through to them, I tried to explain to them it was actually a Centrelink overpayment debt and that I don't defraud people but Queensland Rail said no, sorry, we can't continue with your application."
Ms Clarke said her mental health also suffered as a result of the court case."I ended up getting anxiety and having panic attacks," she said.
"I never had a panic attack previously. I never had an issue with it until then. I see a Centrelink letter now and my heart is pounding and I am thinking what have I done?
"Since then I always overestimate my income by about $10,000 because I don't ever want to be in that position again.
"Over the years we have gone without healthcare cards because I've wanted to have as little to do with Centrelink as possible."
OLD CENTRELINK DEBTS UNDER NEW SCRUTINY
Ms Clarke said despite her precautions she was one of the hundreds of thousands of people caught up in Centrelink's robodebt scandal. Last month Ms Clarke was notified she would be refunded $950 for a robodebt debt she was given in 2015. Ms Clarke said her notification of the refund was the first she had heard about her robodebt. "I didn't even know I was given the debt in the first place, but it was obviously taken from my tax refund," she said.
Ms Clarke's story comes as Centrelink faces increased scrutiny on debts issued before the disastrous robodebt scheme started operating in July 2015.
While the central component of robodebt - its calculations using income averaging - was declared unlawful by the Federal Court last year, the government has since acknowledged it averaged debts from the 1980s onwards, albeit on a far smaller scale.
Services Australia has recently set up a MyGov portal where income support recipients can request the details of their old debts, which were recorded either on paper or old IT systems.
The welfare recipient can also use the portal to request a review of their pre-2015 debt.
Ms Clarke said she has requested a review of her debt as her one last hope that it may allow her to have her criminal record stuck off. "I am not a criminal. I am a person who works hard and I give everything I have got. I feel ashamed and anxious every day because of this, it's demoralising."
In response to nine.com.au's queries about Ms Clarke's case, Services Australia said it would "work with Ms Clarke directly to address her concerns".
www.9news.com.au/national/centrelink-queensland-single-mum-says-20k-debt-destroyed-her-life/17c9e89f-2448-41b2-bfbe-7567d0ba1549
