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

This matter concerned an appeal by the applicant, GYYG, against a decision by the Secretary of the Department of Social Services regarding the rate of her disability support pension. The central dispute revolved around whether the applicant was a member of a couple for the purposes of social security legislation, specifically concerning her relationship with a Mr A. The case was heard by C. J. Furnell SM.

The primary legal issue before the Tribunal was to determine whether the applicant and Mr A were in a de facto relationship on 16 October 2019, or at the time of the review, for the purposes of assessing the applicant's disability support pension rate. This determination required the Tribunal to consider the various factors outlined in section 4(3) of the relevant Act, which govern the assessment of whether individuals are members of a couple.

The Tribunal's reasoning focused on a detailed examination of the financial aspects of the relationship between the applicant and Mr A, as mandated by section 4(3)(a) of the Act. While acknowledging that the applicant and Mr A shared responsibility for many day-to-day household expenses, including food, household products, electricity, internet, school fees, and medical expenses for their son, the Tribunal found that these shared responsibilities did not, in the context of all the circumstances, indicate a de facto relationship. Crucially, the Tribunal noted the absence of joint ownership of assets or liabilities, and the applicant's sole responsibility for rent, which was explained by a unique family arrangement. The Tribunal concluded that the nature of their commitment to each other was not such as to warrant the formation of an opinion that they were in a de facto relationship.

Consequently, the Tribunal set aside the original decision. In substitution, the Tribunal determined that the applicant's disability support pension was to be calculated on the basis that she was not a member of a couple with Mr A on 16 October 2019, and was not a member of a couple with him at the time of the review.