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

This matter concerned an appeal by Moverley against a decision of the Secretary of the Department of Social Services regarding an overpayment of Centrelink benefits, specifically Parenting Payment Single, which included the Coronavirus Supplement. The core of the dispute revolved around whether Moverley was considered a "member of a couple" for the purposes of assessing her entitlement to these payments. The Administrative Appeals Tribunal (AAT) was tasked with reviewing the Secretary's decision.

The primary legal issue before the Tribunal was to determine whether Moverley and another individual were in a relationship as a couple, notwithstanding that they were living under the same roof, and whether this constituted a separation for the purposes of social security law. This determination was crucial in establishing whether Moverley was correctly assessed as a member of a couple, which would affect her eligibility for and the amount of Parenting Payment Single and the Coronavirus Supplement.

Senior Member Illingworth reasoned that the definition of "member of a couple" in the relevant social security legislation requires more than simply cohabitation. The Tribunal considered the circumstances of the relationship, including the nature of the association, the financial and social aspects, and the intention of the parties. Applying the principles of statutory interpretation and relevant case law concerning relationships and separation, the Tribunal found that Moverley and the other individual were not a couple in the eyes of the law, despite sharing a residence. The Tribunal concluded that the circumstances indicated a separation, even while living together, and therefore Moverley should not have been treated as a member of a couple.

Consequently, the Tribunal set aside the decision under review, finding that Moverley had been wrongly assessed as a member of a couple and that the overpayment was not correctly calculated on that basis.