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

This matter concerned an appeal by Ms Bilanovic against a decision by the Secretary of the Department of Social Services regarding her entitlement to Parenting Payment Single (PPS). The dispute centred on whether Ms Bilanovic was entitled to receive PPS at the single rate, and from what date her entitlement should be cancelled, given her partner's change in immigration status and subsequent employment. The case was heard by Brigadier A G Warner, Member, of the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were whether Ms Bilanovic was prevented from pooling her resources with her partner for the purposes of assessing her PPS entitlement under section 24 of the *Social Security Act 1991* (Cth), and consequently, what the correct date for the cancellation of her PPS was. The Tribunal also considered the relevance of the financial circumstances of Ms Bilanovic's partner in determining her entitlement.

The Tribunal reasoned that while Ms Bilanovic's partner initially held a visitor visa that prevented him from working or claiming social security payments, his subsequent grant of a provisional partner visa allowed him to work. The Department's initial assessment that the couple could not pool resources was based on the partner's inability to work. However, once the partner commenced employment on 13 February 2017, the basis for not pooling resources ceased to apply. The Tribunal concluded that the discretion under section 24(1) of the Act should not be exercised in Ms Bilanovic's favour from that date.

Accordingly, the Tribunal set aside the decision under review and substituted it with a decision that Ms Bilanovic's PPS entitlement be cancelled from 13 February 2017, the date her partner commenced employment.