Lewis-Taylor and Secretary, Department of Social Services (Social services second review)

This matter concerned an appeal by the applicant, Mr Lewis-Taylor, against a decision by the Secretary of the Department of Social Services regarding the rate at which his Disability Support Pension (DSP) should be paid. The core dispute revolved around when Mr Lewis-Taylor should be considered a "member of a couple" for the purposes of the relevant social security legislation, and specifically, whether he was living separately and apart from his husband, Mr Taylor, on a permanent and indefinite basis. The Administrative Appeals Tribunal (AAT) was required to determine the date from which Mr Lewis-Taylor was entitled to the single rate of DSP.

The Tribunal was tasked with determining the date on which the applicant and Mr Taylor ceased to be a couple for social security purposes. This involved assessing whether their separation on 8 November 2019 was permanent and indefinite, considering the established facts of their cohabitation, marriage, and subsequent separation, as well as evidence of domestic violence and the applicant's efforts to establish separate living arrangements. The Tribunal had to weigh the applicant's claims of physical assault and fear of ongoing harm against the documentary evidence, including hospital records and statements from support agencies.

The Tribunal found that the applicant had been living separately and apart from Mr Taylor on a permanent or indefinite basis from 8 November 2019. This conclusion was reached after considering the applicant's stated intention to end the relationship due to Mr Taylor's alcohol abuse and refusal to make lifestyle changes, the applicant's subsequent efforts to secure alternative housing, and the evidence of domestic violence, including the applicant's fear of ongoing harm. The Tribunal set aside the previous decision and substituted it with a determination that the applicant was entitled to the partnered rate of DSP until 8 November 2019, and the single rate thereafter.