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

This matter concerned an appeal by Mr Saber against a decision of the Secretary of the Department of Social Services affirming a determination that he was a member of a couple for the purposes of assessing his rate of age pension. The core of the dispute was whether Mr Saber was living separately and apart from another person on a permanent or indefinite basis, notwithstanding that they resided under the same roof.

The Tribunal was required to determine whether Mr Saber met the criteria for being considered not a member of a couple under the relevant social security legislation, specifically whether his separation from the other person was permanent or indefinite. This involved an assessment of the circumstances of their relationship and the nature of their living arrangements.

In reaching its decision, the Tribunal considered the evidence presented regarding the relationship between Mr Saber and the other person. It found that the evidence did not establish that they were living separately and apart on a permanent or indefinite basis. Consequently, the Tribunal concluded that Mr Saber was a member of a couple for the purposes of the Act and that there was no special reason to exercise the discretion under section 24 of the Act to treat him otherwise. The decision under review was therefore affirmed.