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

The Administrative Appeals Tribunal (AAT) considered an appeal by Mr Andrew Taylor (the Applicant) against a decision by the Secretary, Department of Social Services (the Respondent). The Respondent had determined that the Applicant was to be paid a disability support pension (DSP) at the partnered rate, based on the finding that he was a member of a couple with Ms Leigh Allan. The Applicant maintained that he was not in a relationship with Ms Allan and should therefore receive the single rate of DSP.

The primary legal issue before the Tribunal was to determine whether the Applicant was a member of a couple for the purposes of the relevant social security legislation during the period under review, specifically in relation to the 2020 rate decision. This involved assessing the credibility of the Applicant's evidence and considering whether his circumstances had changed since previous determinations that he was part of a couple. The Tribunal was required to consider the definition of "couple" under the Act and whether there was sufficient credible objective evidence to support the Applicant's claim of being single.

The Tribunal found the Applicant's oral and written evidence to be largely unbelievable and inconsistent with a substantial body of documentary evidence. The Tribunal noted that the Applicant's assertions of not being in a relationship were not supported by objective evidence and were contradicted by other material. The Tribunal also found the evidence of Ms O’Farrell, who stated the Applicant and Ms Allan were living like housemates, to be not credible as it was based on what the parties had told her rather than independent observation. Consequently, the Tribunal concluded that there was insufficient credible objective evidence that the Applicant's circumstances had changed since previous decisions.

For the reasons outlined, the Tribunal found that the Applicant was a member of a couple with Ms Allan during the 2020 rate decision period. Accordingly, the Tribunal affirmed the decision under review, meaning the Applicant's DSP entitlement is to be calculated at the partnered rate.