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

In *Sehra and Secretary, Department of Social Services (Social services second review)*, Deputy President Bean considered whether two individuals, Mr and Ms Sehra, were members of a couple for the purposes of social security legislation. The applicants had separated but not divorced, with Ms Sehra having relocated to a different state before returning to live in the family home. The dispute concerned the determination of their eligibility for age pension and disability support pension at the single rate.

The primary legal issue before the Tribunal was to determine whether, during the relevant period between 2 June 2016 and 1 March 2017, Mr and Ms Sehra were "members of a couple" as defined by section 4 of the relevant Act. This determination was crucial for assessing whether they should have been paid their respective pensions at the single rate.

The Tribunal reasoned that despite living under the same roof and maintaining some financial connections, such as Mr Sehra being the sole owner of the property and Ms Sehra not paying rent, they were not members of a couple. The Tribunal found that their living arrangements reflected parallel lives, with minimal practical or emotional support for each other. While they presented as a couple to their community for cultural reasons, this was an external impression that did not reflect the true nature of their relationship. The financial arrangements were considered a product of their disentangled affairs rather than an indication of a continuing marital relationship. Consequently, the Tribunal concluded that Mr and Ms Sehra were living separately and apart on an indefinite basis and were not members of a couple. The decisions under review were set aside, and it was determined that they were not members of a couple from 2 June 2016.