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

The Administrative Appeals Tribunal (the Tribunal) considered the case of Sutalo and the Secretary, Department of Social Services. The dispute concerned whether the applicant had been a member of a couple for the purposes of social security legislation, which led to the cancellation of her parenting payment (single rate) and the rejection of a subsequent claim. The Respondent had consented to the waiver of debts raised against the applicant on the basis of special circumstances.

The legal issues before the Tribunal were whether the applicant was a member of a couple between July 2015 and June 2021, and consequently, whether her parenting payment (single rate) should have been cancelled and her further claim rejected. The Tribunal was required to assess the nature of the applicant's relationship with Mr Corey Weko, considering financial, social, and household aspects, as well as the commitment between them.

The Tribunal's reasoning focused on the assessment of a "marriage-like relationship" which involves both physical and mental elements, drawing on principles from Federal Court decisions. Despite the applicant's limited financial means and a relationship described as "far from functional," the Tribunal found that the applicant and Mr Weko pooled their resources for their mutual benefit and that of their children. This pooling of resources, considered a significant financial aspect of a relationship, led the Tribunal to conclude that there were no special reasons to justify not treating the applicant as a member of a couple.

The Tribunal affirmed the Reviewable Decision, which was the decision made by the Social Services and Child Support Division of the Administrative Appeals Tribunal on 4 May 2022, upholding the cancellation of the applicant's parenting payment (single rate) and the rejection of her further claim.