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

This matter concerned an application for review of a decision by the Secretary of the Department of Social Services regarding the applicant's entitlement to an Age Pension. The core dispute revolved around whether the applicant should be paid at the single rate or the partnered rate of the pension, and whether there were special reasons to treat him as not being a member of a couple for the purposes of the *Social Security Act 1991* (Cth). The case was heard by Senior Member R Cameron.

The Tribunal was required to determine two primary issues: firstly, whether the applicant was a member of a couple from 21 October 2021, and secondly, whether, pursuant to section 24 of the Act, there existed a special reason in this particular case not to treat the applicant as a member of a couple. The applicant also contended that he would suffer financial hardship if paid at the partnered rate and that his and his wife's medical conditions constituted a special reason to exercise discretion in his favour.

The Tribunal found that the applicant and his wife were members of a couple for the purposes of the Act, having regard to all the circumstances of their relationship, including their marriage, cohabitation at the same address, and the applicant's acknowledgement of an enduring marriage and his wife's role as his carer. The Tribunal then considered section 24(1) of the Act, which allows the Secretary to determine that a person should not be treated as a member of a couple for a "special reason". The Tribunal concluded that the discretion under section 24 would not be exercised in the applicant's favour, finding no special reason to depart from the determination that he was a member of a couple.

Consequently, the Tribunal affirmed the reviewable decision.