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

The Administrative Appeals Tribunal reviewed a decision by the Secretary, Department of Social Services, concerning the rate of Age Pension payable to the applicant. The applicant, aged 77, had been receiving the Age Pension at the single rate since 2009 but was transitioned to the partnered rate from March 2020 after notifying the Department of his de facto relationship with Ms. La, a Vietnamese citizen who was in Australia on a bridging visa pending the processing of her partner visa application. The applicant sought to be treated as single for the purposes of the Age Pension, a discretion available under section 24 of the relevant Act if "special reasons" were shown.

The primary legal issue before the Tribunal was whether the applicant had demonstrated "special reasons" to warrant the exercise of the discretion to treat him as a single person for Age Pension purposes, thereby allowing him to receive the higher single rate of pension. This required an assessment of the applicant's circumstances in light of the established legal principles governing the interpretation of "special reasons" in this context. The Tribunal had to determine if the applicant's situation was sufficiently unusual or different from the ordinary course to justify deviating from the standard assessment of a couple.

The Tribunal considered the applicant's evidence, which detailed his relationship with Ms. La, her inability to contribute financially due to her visa status and limited English, and his own financial position, including home ownership, assets, and expenses. The Tribunal applied the principles from *Boscolo v Secretary, Department of Social Security* and other authorities, which indicate that "special reasons" are not to be narrowly construed but require circumstances that are unusual or different from the ordinary course. While acknowledging the applicant's honest evidence and his concerns about financial strain and his partner's inability to contribute, the Tribunal found that these circumstances did not rise to the level of "special reasons" required to exercise the discretion. The Tribunal noted that the applicant owned his home, had significant assets, and his stated financial difficulties were not sufficiently compelling to justify departing from the legislative intent of assessing couples as a unit.

Consequently, the Tribunal set aside the decision under review and substituted a new decision. The Tribunal determined that the applicant had not established special reasons to be treated as a single person for the purposes of the Age Pension. Therefore, the applicant was to continue to be treated as a member of a couple for the assessment of his Age Pension rate.