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

This matter concerned an appeal by DTDJ against a decision by the Secretary, Department of Social Services, which determined that DTDJ had been overpaid parenting payment and owed a debt to the Commonwealth. The core of the dispute was whether DTDJ was a member of a couple with a Mr "G" during the period from 12 September 2013 to 2 August 2018. The Administrative Appeals Tribunal (AAT) was required to determine this issue.

The legal issues before the Tribunal were whether DTDJ and Mr "G" were a couple for the purposes of the *Social Security Act 1991* (Cth) during the specified period. This involved assessing various factors, including the financial aspects of their relationship, the nature of their household, the social and recreational aspects of their relationship, and the nature of their commitment to each other, all viewed objectively.

The Tribunal considered evidence such as joint tenancy on rental agreements, Mr "G"'s stated addresses on various documents, and payroll information where he listed DTDJ as his "wife" and emergency contact. However, the Tribunal also considered the applicant's and Mr "G"'s oral evidence that they did not live together during the relevant period and that their financial relationship was limited to contributions towards rent, which Mr "G" paid in lieu of child support. The Tribunal noted that there was no evidence of pooled financial resources, joint assets, or a shared household. While acknowledging a sexual relationship and the conception of a child, the Tribunal found no objective evidence of a commitment to each other that would indicate they were a couple.

Ultimately, the Tribunal found that DTDJ was not a member of a couple with Mr "G" for the period in question. Consequently, the Tribunal set aside the Secretary's decision, finding that DTDJ had not been overpaid parenting payment and therefore did not owe the debt of $51,689.14 to the Commonwealth. The Tribunal directed that any monies recovered be repaid to DTDJ.