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

This matter concerned an appeal by Mr Chand to the Administrative Appeals Tribunal (AAT) regarding the rejection of his applications for Newstart Allowance and Disability Support Pension. The central dispute revolved around whether Mr Chand was considered a "member of a couple" for the purposes of the *Social Security Act 1991* (Cth) at the time of his claims, which would affect the assessment of his eligibility for these benefits.

The AAT was required to determine if Mr Chand was a member of a couple, and if so, whether his wife's income and assets were relevant to his qualification for the allowances. The Tribunal also had to consider whether the initial decisions to reject his claims were correct. The assessment of whether individuals constitute a "member of a couple" under the Act involves a comprehensive examination of various factors, including the financial aspects of the relationship, the nature of the household, social aspects, any sexual relationship, and the nature of their commitment to each other.

In its reasoning, the Tribunal considered the evidence presented, noting that Mr Chand and his wife remained legally married and that Mr Chand was a beneficiary of his wife's superannuation. While there was no evidence of joint assets or significant financial pooling, the Tribunal found that both parties provided remarkably similar answers on official forms regarding their separation and mutual support during illness, indicating a degree of cooperation and communication. Furthermore, their decision not to inform their families of their separation, viewing it as a personal matter, was interpreted as potentially indicative of a desire to maintain the appearance of a partnership. The Tribunal concluded that, based on the totality of the circumstances, Mr Chand was indeed a member of a couple at the relevant time.

Consequently, the Tribunal affirmed the decision under review, finding that the Secretary was correct in rejecting Mr Chand's applications for Newstart Allowance and Disability Support Pension.