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

This matter concerned an appeal by Mr and Mrs Ammar against a decision by the Secretary of the Department of Social Services regarding the rate of their age pensions. The core dispute was whether Mr and Mrs Ammar should be considered members of a couple for the purposes of the *Social Security Act 1991* (Cth), which would affect the rate at which their pensions were paid. The decision was made by Professor R McCallum AO, a Member of the Administrative Appeals Tribunal.

The Tribunal was required to determine two primary legal issues. First, whether Mr and Mrs Ammar met the definition of being a "member of a couple" under sections 4(2) and 4(3) of the *Social Security Act 1991*. Second, if they were found to be members of a couple, whether there existed any "special reason" under section 24(1) of the Act why they should not be treated as such.

The Tribunal found that Mr and Mrs Ammar satisfied the "member of a couple" test. This conclusion was based on a holistic assessment of their relationship, including their long marriage of 36 years, their cohabitation in a shared bedroom, the pooling of their finances into a joint bank account, their joint ownership of assets (including a jointly held loan for home renovations), and their joint wills. The Tribunal also noted that their friends continued to regard them as a married couple. Regarding the second issue, the Tribunal acknowledged the applicants' difficult financial situation and the fact that treating them as a couple impacted their finances. However, it concluded that these financial difficulties, without more, did not constitute a "special reason" to disregard the member of a couple test. Consequently, the Tribunal affirmed the decision under review.