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

The Administrative Appeals Tribunal considered the matter of BPNT and VMNP, who were seeking review of decisions made by the Secretary, Department of Social Services. The core dispute concerned whether BPNT and VMNP should be classified as a "couple" for the purposes of receiving social security payments, specifically Parenting Payment and Disability Support Pension, which would affect the rate at which these payments were made. The applicants contended that despite sharing a household and having children together, they had never been in a relationship and led separate lives.

The Tribunal was required to determine whether BPNT and VMNP were members of a couple within the meaning of the relevant social security legislation. This determination was crucial for establishing whether they were entitled to receive payments at the "single" rate or the "partnered" rate. The applicants' assertion of leading separate lives and never having been in a relationship was central to this assessment, as was the factual matrix of their living arrangements and interactions.

The Tribunal found that BPNT and VMNP were members of a couple since 17 March 2017. This conclusion was based on several factors, including their co-signing a lease agreement for a shared residence in March 2017, where they moved in with their three biological children. Despite the applicants' claims that the inclusion of their previous address on the lease was a "typo" and that they had never lived together at that address, the Tribunal considered the totality of the evidence. This included VMNP's admission of having a sexual relationship with BPNT, describing it as "easy," "there," and "convenient," and that it was ongoing until their payment status changed. Furthermore, VMNP's explanation for moving into the shared residence was to "help a friend out" and for "fringe benefits," and he admitted to paying half the rent. The Tribunal also noted that BPNT had answered affirmatively on a "Separation details" form when asked if she lived in the same home as VMNP.

Accordingly, the Tribunal affirmed the decisions under review, concluding that BPNT and VMNP were members of a couple for the purposes of the Act.