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

The Administrative Appeals Tribunal considered the case of Burrell and the Secretary, Department of Social Services concerning the rate of Age Pension payable to the applicant. The dispute arose from an alleged overpayment of the Age Pension, which the applicant contended was due to the Department failing to take into account his wife's income when assessing his pension rate. The decision under review affirmed the Department's assessment.

The Tribunal was required to determine whether the applicant was a member of a couple for the purposes of the *Social Security Act 1991* (Cth) during the relevant assessment period. This determination was central to calculating the correct rate of Age Pension and assessing whether an overpayment had occurred.

Member D Mitchell reasoned that the definition of "member of a couple" in the *Social Security Act* requires an assessment of whether two people are living together on a domestic basis. The Tribunal considered the evidence presented regarding the applicant and his wife's living arrangements and financial interdependence. Applying the principles established in relevant case law concerning the interpretation of "member of a couple," the Tribunal found that the applicant and his wife were indeed members of a couple during the period in question. Consequently, the applicant's wife's income was correctly taken into account in assessing the applicant's Age Pension rate, and the decision of the Department to treat the applicant as having been overpaid was affirmed.