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

This matter concerned an appeal by Mr Kettlewell against a decision by the Secretary of the Department of Social Services to assess his age pension at the partnered rate, rather than the single rate. The core dispute revolved around whether Mr Kettlewell and his wife, Mrs Kettlewell, were considered a "member of a couple" for the purposes of the Social Security Act 1991 (Cth) on 9 June 2016, and if so, whether they were living separately and apart on a permanent or indefinite basis. If they were not considered a couple, the secondary issue was whether there was any special reason not to treat them as such. The case was heard by L M Gallagher, Member, of the Administrative Appeals Tribunal.

The Tribunal was required to determine two primary legal issues. First, whether Mr Kettlewell and Mrs Kettlewell constituted a "member of a couple" and were not living separately and apart on a permanent or indefinite basis as of 9 June 2016. Second, if they were not found to be a couple under those circumstances, whether there existed any special reason to treat them as a couple for the purposes of the age pension assessment. These determinations were crucial for establishing the correct rate of Mr Kettlewell's age pension.

In reaching its decision, the Tribunal considered various factors relating to the financial aspects of the relationship, the nature of the household, social aspects, and the commitment between Mr Kettlewell and Mrs Kettlewell, guided by subsection 4(3) of the Act and relevant authorities. Despite Mr Kettlewell's assertions of a long-standing "bad" relationship, separate bank accounts, and sleeping in different rooms since 2010, the Tribunal noted that they shared household and utility expenses, were each other's nominated beneficiaries in their wills, and Mr Kettlewell had not sought a divorce due to financial concerns about losing his home. The Tribunal found that Mr Kettlewell's adjustments to household arrangements, such as doing his own shopping and cooking, were made with an understanding of what Centrelink required. Ultimately, the Tribunal concluded that on 9 June 2016, Mr Kettlewell and Mrs Kettlewell were members of a couple and that there was no special reason to deviate from this finding. Consequently, the Tribunal affirmed the Secretary's decision to assess Mr Kettlewell's age pension at the partnered rate from that date.