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

The Administrative Appeals Tribunal considered the case of Noy and the Secretary, Department of Social Services. The applicant sought an age pension but had not provided details of his cohabitant's income and assets, leading to the rejection of his claim. The central dispute was whether the applicant was a "member of a couple" for the purposes of the *Social Security Act 1991* (Cth).

The Tribunal was required to determine whether the applicant was a member of a couple under section 4(2)(b) of the Act, and if so, whether a discretion should be exercised under section 24 of the Act to not treat him as such. The ultimate question was whether the applicant's claim for the age pension should be rejected due to the lack of information regarding his partner's financial circumstances.

In its reasoning, the Tribunal acknowledged that while certain indicia suggested a separation, such as the absence of a sexual relationship, separate sleeping arrangements, and largely independent laundry and meal preparation, other factors pointed towards a continuing de facto relationship. These included a decade-long cohabitation, a shared child, and significantly integrated financial arrangements, including joint property ownership and bank accounts. The Tribunal applied section 4(3) of the Act, which mandates consideration of all circumstances, including financial aspects, household nature, social aspects, sexual relationship, and commitment. Despite the applicant's assertions of separation, the Tribunal found that the financial integration and the nature of their shared household, particularly in relation to their child, satisfied the criteria for being a member of a couple. The Tribunal concluded that the applicant should be considered a member of a couple for the purposes of the Act.