Rumsey and Repatriation Commission (Veterans' entitlements)

This matter concerned an appeal by the Applicant against a decision by a delegate of the Repatriation Commission. The Applicant, a recipient of an invalidity service pension, and his wife, a recipient of a partner service pension, had their pensions reassessed as a couple after previously being assessed as single. The core dispute was whether the Applicant and his wife were living separately and apart on a permanent basis, which would mean they were not a "couple" for the purposes of the Veterans' Entitlements Act 1986 (Cth).

The legal issues before the Tribunal were whether the Applicant and his wife, Mrs Rumsey, were living separately and apart on a permanent basis, and consequently, whether they constituted a "couple" within the meaning of section 5E(2)(a) of the Veterans' Entitlements Act 1986. The Tribunal was required to consider the factors outlined in *Staunton-Smith* in light of the entirety of the factual matrix, including the history of the relationship and the circumstances of their continued cohabitation.

The Tribunal found that the Applicant and Mrs Rumsey had legally married in 1978 and remained married. They separated in May 2008 due to physical and emotional abuse suffered by Mrs Rumsey. Despite Mrs Rumsey leaving their joint property at that time, she later returned to reside at the same address in July 2011. The Tribunal accepted the evidence that the separation was precipitated by an irretrievable breakdown in the relationship, not for economic reasons. The Tribunal was satisfied that the circumstances of separation under one roof were established, and that an explanation for their continued cohabitation had been furnished and accepted. The Tribunal concluded that the Applicant and Mrs Rumsey were living separately and apart on a permanent basis.

Consequently, the Tribunal set aside the reviewable decision and substituted a decision that the Applicant and his wife were not a member of a couple within the meaning of section 5E(2)(a) of the Act.