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

This matter concerned an appeal by Mr Sim against a decision by the Secretary of the Department of Social Services regarding his Disability Support Pension (DSP). Mr Sim was seeking to be treated as not being a member of a couple for the purposes of calculating his DSP, which would have resulted in a higher payment rate. The dispute arose from the reporting of his wife's earnings and a subsequent adjustment to his pension payments.

The Tribunal was required to determine whether Mr Sim qualified to be treated as not being a member of a couple under section 24 of the relevant Act, which allows for such discretion if a "special reason" exists. This involved assessing whether there was sufficient evidence of separation or unusual circumstances that prevented the pooling of resources between Mr Sim and his wife, and whether the discretion under section 24 should be exercised in his favour.

The Tribunal considered Mr Sim's evidence regarding his marital difficulties, including claims of domestic violence and his desire to move out of his residence. However, it also noted contradictions in his statements, particularly his repeated assertions that his marital status was not the issue under review, while simultaneously presenting evidence of relationship breakdown. The Tribunal found that while Mr Sim had experienced a significant debt being "zeroed" due to an error by Centrelink, this did not establish a "special reason" to depart from the general rule of treating him as a member of a couple. The Tribunal affirmed the decision under review.