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

This matter concerned an appeal by Mr Agueci against a decision by the Secretary of the Department of Social Services, which affirmed a determination that he was a member of a couple for the purposes of calculating his age pension. The Administrative Appeals Tribunal (AAT) was required to determine whether Mr Agueci was a member of a couple from 27 April 2022 onwards, and if so, whether there was a special reason why he should not be treated as such.

The Tribunal considered the definition of "member of a couple" under section 4(2) of the *Social Security Act 1991* (the Act), which requires that persons be legally married or in a relationship and not living separately and apart on a permanent or indefinite basis. It also examined section 24(2) of the Act, which allows a person to be treated as not being a member of a couple if they are legally married, not living permanently or indefinitely apart, and there is a special reason for this treatment. The Tribunal assessed the financial aspects of the relationship, including shared household bills and intentions regarding property, and the physical and mental elements of separation.

The Tribunal found that despite Mr Agueci and his wife residing in the same property and continuing to share some household expenses, the totality of the relationship and the specific factors under section 4(3) of the Act indicated that they were not living as a couple. The Tribunal was satisfied that Mr Agueci was not a member of a couple from 27 April 2022. Consequently, the reviewable decision was set aside and remitted to the Secretary for redetermination on the basis that Mr Agueci was not a member of a couple.