Abdelrahim; Secretary, Department of Social Services and (Social services second review)

This matter concerned an appeal by the Secretary of the Department of Social Services against a decision of the Administrative Appeals Tribunal (AAT) regarding the Respondent's eligibility for Parenting Payment and Family Tax Benefit. The core dispute revolved around whether the Respondent and her husband, Mr Hassan, were a "couple" for the purposes of social security law, or whether they were living separately and apart on a permanent or indefinite basis. The Respondent had claimed payments at the single rate following an alleged separation from Mr Hassan in September 2008.

The Administrative Appeals Tribunal was required to determine two primary legal issues. Firstly, whether the Respondent and Mr Hassan were a couple within the meaning of the relevant social security legislation during the period in question. This involved considering various factors, including their legal marital status, the nature of their household, their financial arrangements, their social interactions, and the existence of a sexual relationship. Secondly, if they were not a couple, the Tribunal needed to confirm whether they were living separately and apart on a permanent or indefinite basis.

The Tribunal's reasoning focused on the factual circumstances of the relationship, acknowledging the influence of the parties' cultural backgrounds. It carefully weighed conflicting evidence regarding Mr Hassan's residence, ultimately finding that he did not reside at the family home (17 Yagoona) after September 2008, despite documentary evidence suggesting otherwise, which Mr Hassan admitted was provided for loan purposes. The Tribunal also considered the Respondent's testimony and that of her eldest daughter, which supported the claim of separation. The Tribunal concluded that the Respondent and Mr Hassan were not a couple and were living separately and apart on a permanent or indefinite basis.

The Tribunal set aside the decision under review and substituted a new decision. The outcome was that the Respondent was found not to be a member of a couple for the relevant period, and therefore entitled to receive Parenting Payment and Family Tax Benefit at the single rate.