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

The Administrative Appeals Tribunal (AAT) considered the case of Mr Towle and the Secretary of the Department of Social Services concerning Mr Towle's disability support pension and mobility allowance. Mr Towle sought to have his disability support pension reinstated at a single rate, arguing that his relationship with Miss Chang, whom he sponsored on a partner visa, did not constitute a "member of a couple" relationship until she was granted a permanent visa, or that discretion should be exercised not to treat them as such. The dispute also involved the correct calculation of his mobility allowance.

The primary legal issues before the Tribunal were whether Mr Towle was a member of a couple with Miss Chang for the purposes of assessing his disability support pension, and whether the absence of a permanent visa for Miss Chang precluded such a conclusion. Additionally, the Tribunal had to determine if the rate of Mr Towle's disability support pension and mobility allowance had been calculated correctly.

The Tribunal reasoned that the determination of whether individuals are a "member of a couple" involves a factual assessment of their relationship, which is not solely dependent on visa status. The Tribunal noted that while a previous Federal Court decision had found Mr Towle's pension suspension to be lawful due to non-compliance with a notice for information, a subsequent AAT decision had set aside the cancellation of his pension. This earlier AAT decision found that the notice for information was issued under a different section of the Administration Act, thereby not being bound by the Federal Court's finding. The Tribunal also considered the timing of Miss Chang's visa grants and the commencement date of their de facto relationship as stated in her visa application.

The Tribunal set aside the decisions under review and remitted them for reconsideration. This included the decision to pay Mr Towle a partnered rate of disability support pension from 29 March 2019 and the decisions regarding his mobility allowance from 24 June 2015. The Tribunal clarified that it was not reviewing an earlier decision to restore his disability support pension from 28 August 2018 at a partnered rate, meaning a significant portion of his complaint regarding a two-year period of non-payment could not be addressed.