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

This matter concerned an application for review of a decision by the Secretary, Department of Social Services, which affirmed a previous decision that the Applicant, Mr Antony Philip, was a member of a couple with Mrs Georgina Philip from 10 July 2020. The Applicant and Mrs Philip are legally married and reside together in their jointly owned property. The Respondent's decision adjusted the Applicant's age pension rate based on this assessment, reversing an earlier decision from 2016 that had found them to be living separately under one roof. The Applicant sought a second-tier review of the Administrative Appeals Tribunal (AAT).

The primary legal issue before the Tribunal was to determine whether the Applicant and Mrs Philip were members of a couple for the purposes of social security legislation, from 10 July 2020. This required an assessment of the nature of their relationship, considering factors such as their cohabitation, financial arrangements, and the overall commitment between them, despite the Applicant's assertions of separation. The Tribunal also had to consider the credibility of the Applicant's evidence in light of inconsistencies with objective facts and other evidence presented.

The Tribunal found that while the Applicant expressed unhappiness in his marriage and a desire for separation, there was insufficient evidence to establish a definitive change in their relationship status prior to or around 10 July 2020. The Tribunal noted Mrs Philip's statements indicating a potential intention to live together permanently and her belief in the possibility of reconciliation. Furthermore, the Tribunal found the Applicant's explanations regarding financial arrangements, particularly the proposed use of a joint line of credit for his sole benefit while leaving Mrs Philip liable for the debt, to be unconscionable and lacking in credibility. The Tribunal applied the principle that where an applicant's evidence is inconsistent with objective facts, the objective facts should be preferred, and placed significant weight on Mrs Philip's statements and the Applicant's actions in purchasing and renovating a shared property, which suggested an ongoing commitment.

The Tribunal affirmed the Respondent's decision, concluding that the Applicant and Mrs Philip remained members of a couple as at 10 July 2020. The Tribunal found that the weight of the evidence compellingly indicated an ongoing commitment between them, which supported the finding of a couple relationship.