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

This matter concerned an appeal by Mr Moslemi against a decision of the Secretary, Department of Social Services, which affirmed a determination that he was a member of a couple for the purposes of the *Social Security Act 1991* (Cth) from 24 July 2020. The core of the dispute revolved around whether Mr Moslemi and Ms Moslemi were living in a marriage-like relationship, despite having separated and living under the same roof.

The court was required to determine whether Mr Moslemi was a member of a couple as defined by the *Social Security Act 1991* (Cth) from 24 July 2020. This involved assessing the nature of the relationship between Mr and Ms Moslemi, considering various factors including the financial aspects, the nature of their household, and the social aspects of their relationship, to ascertain if they were living together in a manner that constituted a couple for the purposes of the Act.

The court considered the criteria set out in section 4(3) of the *Social Security Act 1991* (Cth) and weighed the evidence presented. While many financial aspects of the Moslemis' lives were separate, including individual bank accounts, cars, and no joint debts or insurances, the court found that they continued to benefit from the shared living costs and mutual support inherent in a couple living together and raising a child. Mr Moslemi's significant role in caring for their daughter and Ms Moslemi's accommodation of his financial needs, such as providing rent-free living, were considered strong indicators of a continuing partnership. The court concluded that the shared use of resources and the mutual support demonstrated that they were still a couple for the purposes of the Act.

The Tribunal affirmed the decision under review, finding that Mr Moslemi was to be treated as a member of a couple.