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

This matter concerned an appeal by Ms Samachetty against a decision by the Secretary of the Department of Social Services. The central dispute revolved around whether Ms Samachetty was a member of a couple for the purposes of the *Social Security Act 1991* (Cth) during a specific period. The Administrative Appeals Tribunal (AAT) was required to determine if Ms Samachetty and her husband, Mr Samachetty, were living separately and apart, and if not, whether there was a special reason not to treat her as a member of a couple.

The legal issues before the Tribunal were twofold: first, whether Ms Samachetty and Mr Samachetty were living separately and apart on a permanent or indefinite basis during the period in question, and second, if they were not living separately and apart, whether there existed a special reason within the meaning of the Act not to treat Ms Samachetty as a member of a couple. The Tribunal was guided by principles established in previous cases, which indicated that being a member of a couple involves more than merely sharing an address, and that not all criteria need to be satisfied for such a determination to be made.

In its reasoning, the Tribunal found that, on balance and considering all the circumstances, Ms Samachetty and Mr Samachetty were not living separately and apart on a permanent or indefinite basis during the period under review. The Tribunal noted that their marriage, while perhaps not happy, still retained many indicia of a marriage. Furthermore, the Tribunal considered the provision for a "special reason" not to treat a person as a member of a couple, acknowledging that this power is discretionary and should only be exercised as a last resort. The Tribunal concluded that no such special reason had been contended for or appeared to exist in Ms Samachetty's case.