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

This matter concerned an appeal by Mr Dring against a decision by the Secretary of the Department of Social Services regarding the rate of his age pension. The central dispute was whether Mr Dring was a member of a couple for the purposes of calculating his pension entitlement, and if so, whether he qualified as an illness separated couple or if there were special reasons not to treat him as a member of a couple. The decision was made by Mr S Evans, a Member of the Tribunal.

The Tribunal was required to determine three key issues: first, whether Mr Dring and his wife, Mrs Dring, were members of a couple under the *Social Security Act 1991* (Cth); second, if they were members of a couple, whether they constituted an illness separated couple due to Mrs Dring's health condition; and third, whether there were any special reasons for Mr Dring not to be treated as a member of a couple.

In reaching its decision, the Tribunal considered the criteria for forming an opinion about the nature of the relationship under subsection 4(3) of the Act, as well as departmental policy. The Tribunal found that the financial aspects of the relationship, including Mr Dring's significant financial support of Mrs Dring and her family, indicated they were members of a couple. While acknowledging that Mr Dring and Mrs Dring maintained separate residences and had never lived together since their marriage, the Tribunal weighed this against other factors. It noted that they held themselves out as a married couple and that Mr Dring had expressed commitment to the relationship, which did not support a conclusion that they were living separately and apart on a permanent and indefinite basis. Regarding the illness separated couple claim, the Tribunal found a lack of supporting medical evidence regarding Mrs Dring's condition and noted that it was not apparent why her illness prevented them from living together, particularly as the Secretary suggested alternative accommodation arrangements were possible.

Ultimately, the Tribunal was satisfied that Mr Dring and Mrs Dring were members of a couple and were not living separately and apart on a permanent or indefinite basis. Consequently, the Tribunal affirmed the decision under review, meaning Mr Dring was not to be treated as an illness separated couple and his pension rate would continue to be calculated as a member of a couple.