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

This matter concerned an appeal to the Administrative Appeals Tribunal (AAT) by an applicant whose claim for an aged pension had been rejected. The initial rejection by Centrelink was based on the applicant's failure to provide requested financial information for herself and another individual, identified as "G," and the subsequent review by Centrelink and a Tier 1 AAT decision affirmed this rejection, finding the applicant to be a member of a couple. The applicant then sought a Tier 2 review by the AAT.

The primary legal issues before the AAT were whether the applicant was a member of a couple as defined by the relevant legislation at a specific date, and if so, whether there were special reasons not to treat her as such. The AAT noted that even if these questions were answered in the applicant's favour, the ultimate eligibility for the aged pension would still depend on her satisfying the income and assets criteria, which might necessitate remitting the matter back to Centrelink for further assessment.

The AAT considered the nature of the relationship between the applicant and G, including financial aspects such as the pooling of resources, the nature of their household arrangements, and social aspects, including the duration of their cohabitation. The Tribunal's reasoning focused on the totality of the relationship to determine if they constituted a couple for social security purposes. The AAT ultimately set aside the previous decision and remitted the matter for reconsideration, indicating that the previous determination of the applicant's status as a member of a couple was not sufficiently established.