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

This matter concerned an appeal by Mr Watiwat against a decision of the Administrative Appeals Tribunal (AAT) regarding his eligibility for the age pension. The core dispute revolved around whether Mr Watiwat was a member of a couple for the purposes of the Social Security Act 1991 (Cth), which would affect the rate of pension payable. The decision was made by Mr Rob Reitano, Member.

The legal issues before the Tribunal were twofold: first, whether Mr Watiwat was living separately and apart from Ms Watiwat on a permanent or indefinite basis, as required by section 4(2) of the Act; and second, if he was not living separately and apart on a permanent or indefinite basis, whether there was a special reason in his particular case not to treat him as a member of a couple under section 4(3) of the Act.

The Tribunal considered all the circumstances of the relationship, as mandated by section 4(3), including financial aspects, the nature of the household, social aspects, and the commitment to each other. Despite Mr Watiwat's assertion that he and Ms Watiwat had separated in 2002 and had not spoken since, the Tribunal found this evidence not credible, particularly in light of their joint lease for a shared residence and their attestations to the accuracy of an application form describing Ms Watiwat as his partner. The Tribunal noted shared use of household assets and some sharing of household expenses, suggesting a pooled use of resources consistent with a couple's relationship. Ultimately, the Tribunal was unable to find a special reason to disregard the evidence that Mr Watiwat was not living separately and apart from Ms Watiwat on a permanent or indefinite basis.

The Tribunal set aside the AAT's decision and substituted a new decision, finding Mr Watiwat entitled to be paid the age pension at the single rate from 26 May 2018.