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

This matter concerned an appeal by Mrs Edler against a decision by the Secretary of the Department of Social Services to pay her disability support pension on the basis that she was a member of a couple. Mrs Edler, who remained legally married to Mr Edler, contended that they were living separately and apart on a permanent or indefinite basis, despite residing together in the family home. The dispute also extended to the assessment of her relationship status for family assistance benefits.

The Tribunal was required to determine whether Mrs Edler was living separately and apart from Mr Edler on a permanent or indefinite basis, as defined by the Social Security Act 1991 and the A New Tax System (Family Assistance) Act 1999. This involved assessing all the circumstances of their relationship, including financial aspects, the nature of their household, social interactions, and their commitment to each other, as guided by established case law such as *Staunton-Smith v Secretary, Department of Social Security*.

The Tribunal considered that despite Mrs Edler's assertion of separation, little had changed in their living arrangements beyond sleeping in separate bedrooms and Mr Edler spending more time in a different part of the house. They continued to share financial assistance, household chores, holidays, and time with grandchildren. Furthermore, they remained beneficiaries of each other's superannuation and estates, and Mrs Edler had no concrete plans to establish her own residence. While Mr Edler acted as Mrs Edler's carer, the extent and necessity of this role were not sufficiently detailed to support her claim of separation. The Tribunal concluded that the evidence, viewed in its totality, indicated that Mr and Mrs Edler were not living separately and apart on a permanent or indefinite basis.

Consequently, the Tribunal affirmed the decision under review, finding that Mrs Edler was a member of a couple for the purposes of the relevant legislation, and her disability support pension should be calculated accordingly.