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

This matter concerned an appeal by Mrs Hamid against a decision by the Secretary of the Department of Social Services regarding her eligibility for a disability support pension. The central dispute revolved around whether Mrs Hamid was a "member of a couple" for the purposes of the *Social Security Act 1991* (Cth), specifically whether she and her husband were separated under the one roof. The Administrative Appeals Tribunal (AAT) heard the appeal.

The AAT was required to determine whether Mrs Hamid and Mr Hamid were a couple, and if so, whether they were separated under the one roof, as defined by the *Social Security Act 1991*. This involved assessing various factors relating to their interpersonal relationship, including financial aspects, the nature of their household, social aspects, and the nature of their commitment to each other.

The AAT found that despite the limited objective evidence, Mrs Hamid demonstrated a strong intention to live separately from Mr Hamid as soon as practicable. The Tribunal was satisfied that Mrs Hamid was truthful and sought independence from her husband, acknowledging the abuse she had suffered. Although Mr Hamid did not attend the hearing to provide evidence, the Tribunal was convinced that Mrs Hamid was not committed to the marriage. Applying the factors listed in s 4(3) of the Act, the AAT concluded that Mrs Hamid and Mr Hamid were not members of a couple.

Consequently, the decision under review was set aside and remitted for re-determination. The AAT made a finding that Mrs Hamid was not a member of a couple and was separated under one roof from 28 January 2015.