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

This matter concerned an appeal by the applicant, Ms Makinen, against a decision of the Social Security Appeals Tribunal (SSAT) which affirmed a determination by the Secretary of the Department of Social Services. The core dispute revolved around whether Ms Makinen was a member of a couple for the purposes of assessing her entitlement to a disability support pension, which had resulted in an overpayment.

The legal issues before the court were whether the SSAT had erred in finding that Ms Makinen was a member of a couple during the relevant period, and consequently, whether the decision to affirm the overpayment was correct. The court was required to consider the evidence presented to the SSAT and determine if it supported the conclusion that Ms Makinen and Mr Makinen were in a relationship as a couple, rather than solely in a carer and care recipient capacity.

The court considered various pieces of documentary evidence, including statements from friends suggesting Ms Makinen lived as a single person, and financial documents relating to both individuals. Crucially, the court noted that rates notices and utility bills were addressed to both Mr and Mrs Makinen, and that Ms Makinen had been appointed as a payment nominee for Mr Makinen. The court found that there was insufficient information to conclude that the relationship was exclusively one of carer and care recipient, and that the evidence indicated they were members of a couple. The court therefore affirmed the decision of the SSAT.