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

This matter concerned an appeal to the Administrative Appeals Tribunal (AAT) regarding the rate of age pension payable to the Applicant. The core dispute was whether the Applicant was a member of a couple with Ms Paral for the purposes of the Social Security Act 1991 (Cth). The Applicant sought to have a decision affirmed by an Authorised Review Officer and subsequently by the AAT itself, which had determined he was a member of a couple, set aside.

The Tribunal was required to determine whether the Applicant was a member of a couple with Ms Paral, having regard to all the circumstances of their relationship as stipulated in section 4(3) of the Social Security Act 1991 (Cth). This involved considering the financial aspects of their relationship, the nature of their household, the social aspects of their relationship, any sexual relationship, and the nature of their commitment to each other.

The Tribunal reasoned that while the subjective views of the parties regarding their relationship were relevant, an objective view of the facts was necessary. The Applicant and Ms Paral jointly owned their home and a vehicle, shared a small parcel of shares, and were beneficiaries under each other's superannuation and wills. They also shared household expenses, with Ms Paral covering mortgage, rates, and insurance, and the Applicant contributing what he could. They shared access to bank accounts, a joint Medicare card, and a joint health insurance policy. The Tribunal noted that the parties contended their financial arrangements were driven by necessity, referencing previous AAT decisions where financial necessity alone was insufficient to establish a marriage-like relationship. The Tribunal found that, taking all circumstances into account, the Applicant was a member of a couple with Ms Paral.