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

This matter concerned an appeal by Mr Kalepo against a decision of the Administrative Appeals Tribunal (AAT) which affirmed a determination by the Secretary of the Department of Social Services that Mr Kalepo had been overpaid a disability support pension. The core of the dispute revolved around whether Mr Kalepo was a member of a couple for the purposes of the *Social Security Act 1991* (Cth) during the period of the alleged overpayment.

The primary legal issue before the court was whether the AAT had erred in law in its determination that Mr Kalepo was a member of a couple. This required the court to consider the proper interpretation and application of the provisions of the *Social Security Act 1991* (Cth) relating to the definition of a "member of a couple" and the circumstances under which a person is considered to be in a de facto relationship for the purposes of social security law.

The court found that the AAT had not erred in law. It reasoned that the AAT had correctly applied the relevant legislative provisions and had made findings of fact that were open to it on the evidence. The AAT had considered all the factors relevant to determining whether Mr Kalepo and another individual were in a de facto relationship, including the nature of their relationship, their living arrangements, and their financial interdependence. The court affirmed the AAT's conclusion that, based on the evidence before it, Mr Kalepo was indeed a member of a couple during the relevant period.