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

This matter concerned a review by Dr L Bygrave of the Administrative Appeals Tribunal of decisions made by the Secretary of the Department of Social Services regarding Ms Dubroja and Mr Dubroja. The primary dispute revolved around whether Ms Dubroja and Mr Dubroja were members of a couple for social security purposes, which impacted the rate of Mr Dubroja's disability support pension and the determination of an overpayment debt. A secondary issue was whether Mr Dubroja had an impairment rating of 20 points or more under the Impairment Tables for his disability support pension claim.

The Tribunal was required to determine whether Ms Dubroja and Mr Dubroja were living separately and apart on a permanent or indefinite basis, considering all the circumstances of their relationship as outlined in subsection 4(3) of the relevant Act. This included examining the financial aspects, the nature of their household, the social aspects of their relationship, any sexual relationship, and the nature of their commitment to each other. The Tribunal also needed to ascertain if Mr Dubroja had disability support pension debts for specific periods, arising from alleged overpayments due to incorrect income protection payment calculations and the rate of pension paid as a single person rather than a partnered person.

In reaching its decision, the Tribunal weighed the evidence, including residential tenancy agreements, oral testimony, and Centrelink forms. Despite inconsistencies and contradictions in the documentary and oral evidence provided by Ms Dubroja and Mr Dubroja, and a lack of objective verification from third parties, the Tribunal was satisfied that they had been members of a couple from 28 February 2012 to the present. The Tribunal found their oral evidence to be ambiguous, evasive, and at times implausible, raising significant credibility concerns. The Tribunal also noted that the provisions for not treating a person as a member of a couple under section 24 of the Act were not applicable as the parties were not legally married. The Tribunal affirmed the decision that Mr Dubroja had disability support pension debts for the periods from 14 September 2007 to 7 October 2010 and from 28 February 2012 to 12 June 2014, based on the overpayment of pension due to incorrect income protection payment amounts and being paid at the single rate.