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

This matter concerned an appeal by Frearson against a decision of the Secretary of the Department of Social Services regarding the rate of age pension payable to the applicant. The core of the dispute was whether Frearson was a member of a couple for the purposes of the *Social Security Act 1991* (Cth), specifically whether she was living separately and apart on a permanent and indefinite basis. The Administrative Appeals Tribunal (AAT) was required to determine this question.

The AAT was tasked with considering various factors to ascertain if Frearson and another individual were living together as a couple. These factors included the financial aspects of their relationship, the social aspects of their interactions, the existence or absence of a sexual relationship, and the nature of their overall commitment to each other. The central legal issue was whether, despite potentially living under the same roof, the evidence demonstrated a separation that was permanent and indefinite, thereby disentitling Frearson from being considered a member of a couple for pension purposes.

In its reasoning, the AAT applied the principles established for determining whether individuals are a couple for social security purposes. The Tribunal considered the totality of the evidence relating to the couple's domestic arrangements, their financial interdependence, their social presentation, and their personal commitment. Ultimately, the AAT found that the evidence supported the conclusion that Frearson was indeed a member of a couple. Consequently, the Tribunal affirmed the Secretary's decision.