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

This matter concerned an appeal by Mr Kupelian against a decision by the Secretary of the Department of Social Services to affirm a reviewable decision that he should be treated as a member of a couple for the purposes of assessing his entitlement to a disability support pension. The core of the dispute was whether Mr Kupelian's pension should be paid at the partnered rate or the single rate, with the applicant arguing for the latter due to financial difficulties and a special reason why he should not be treated as a member of a couple. The case was heard by Mrs J C Kelly, Senior Member.

The legal issues before the Tribunal were whether Mr Kupelian's wife had any financial resources or income to pool with him, and if not, whether there was a special reason, within the meaning of the relevant social security legislation, not to treat them as a couple. This involved considering the practical ability of Mrs Kupelian to work in Australia, given her limited English and lack of qualifications, and whether she was otherwise entitled to a government benefit.

The Tribunal reasoned that couples are generally expected to pool their resources, and that financial difficulties or lifestyle choices that result in expenses exceeding income do not typically constitute a special reason to deviate from this principle. The Tribunal noted that the situation becomes more complex when one member of a couple has no work rights or assets. In such cases, a careful consideration of the specific circumstances is required to determine if there is a practical impediment to employment or an entitlement to a benefit. The Tribunal found that Mrs Kupelian had minimal financial resources in Thailand and had not worked since arriving in Australia, with her primary barrier to employment being her limited English. Despite these challenges, the Tribunal was not satisfied that there was a special reason to depart from treating Mr and Mrs Kupelian as a couple.

Consequently, the Tribunal affirmed the reviewable decision made on 15 June 2021, meaning Mr Kupelian would continue to be treated as a member of a couple for the assessment of his disability support pension.