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

This matter concerned an appeal by Mr. Liang against a decision by the Secretary of the Department of Social Services regarding the rate of his age pension. Mr. Liang argued that he should have been paid the age pension at the single rate, rather than the partnered rate, during a period when his wife, Ms. Xie, was overseas in China for approximately six weeks. The core of the dispute was whether there was a "special reason" to disregard their status as a couple for the purpose of calculating his pension entitlement.

The legal issues before the Tribunal were whether Mr. Liang qualified for the age pension at the single rate between 20 January 2020 and 2 March 2020, and if so, whether there was a "special reason" to treat him as not being a member of a couple under section 24 of the relevant Act. This required an assessment of whether the economies of shared living costs, which typically justify a partnered rate, were unavailable to Mr. Liang due to his wife's absence. The Tribunal considered factors such as the ability of the couple to pool resources, the financial circumstances of each party, and whether the situation was beyond their control.

The Tribunal considered the purpose of section 24, which is to ensure that individuals who do not benefit from the economies of shared living costs are not disadvantaged compared to single individuals. While acknowledging Ms. Xie's urgent travel to China due to her mother's critical illness and the expenses she incurred there, the Tribunal found that Mr. Liang was able to meet his necessary living expenses from his age pension during the period in question. Furthermore, the joint bank account held by the couple maintained a significant balance, and Mr. Liang had access to these funds. The Tribunal was not satisfied that these circumstances constituted a "special reason" to deviate from the general rule of treating them as a couple, particularly as Mr. Liang did not demonstrate that he was unable to pool resources or that his financial situation was significantly impacted to the extent that he was disadvantaged compared to a single person.

Ultimately, the Tribunal affirmed the decision under review, finding that Mr. Liang was not entitled to be paid the age pension at the single rate during the period his wife was overseas.