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

This matter concerned an appeal by the applicant, Bofilios, against a decision of the Secretary of the Department of Social Services. The dispute centred on whether the applicant should be treated as a member of a couple for the purposes of receiving a Disability Support Pension (DSP) at the blind partnered rate, or whether they were entitled to the single rate of DSP blind. The Administrative Appeals Tribunal (AAT) was required to determine this question.

The primary legal issue before the Tribunal was whether the applicant qualified for the DSP blind at the single rate, or if they were correctly assessed as a member of a couple. This involved considering the definition of a "couple" under the relevant social security legislation and whether any "special reasons" existed that would justify not treating the applicant as a member of a couple, despite circumstances that might otherwise suggest they were.

The Tribunal found that the applicant had been receiving the DSP blind at the partnered rate. However, upon review, it was determined that there were special reasons not to treat the applicant as a member of a couple. Consequently, the decision under review was set aside, and it was determined that the applicant was entitled to the single rate of DSP blind.