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

This matter concerned an appeal by Igor Zablotsky against a decision of the Secretary, Department of Social Services, which determined that he was a member of a couple for the purposes of the Social Security Act 1991 (Cth) and consequently owed a recoverable debt to the Commonwealth. The Tribunal was required to assess whether Mr Zablotsky and Elena Zablotsky were in a marriage-like or de facto relationship during the relevant period, and if so, to consider the implications for the rate of Mr Zablotsky's Disability Support Pension and the recovery of any overpayment.

The primary legal issue before the Tribunal was to determine whether Mr Zablotsky and Ms Zablotsky were a "couple" as defined by the Act. This involved an assessment of various factors, including the financial aspects of their relationship, the nature of their household and social interactions, and the existence of a sexual relationship or commitment to each other. A secondary issue arose regarding the potential waiver of any recoverable debt, should one be found to exist, based on the concept of "special reasons."

The Tribunal considered extensive evidence, including oral submissions from Mr Zablotsky, who characterised his relationship with Ms Zablotsky as primarily that of a carer, noting he acted as an authorised representative rather than receiving formal carer payments. While acknowledging joint financial arrangements such as bank accounts, mortgages, and superannuation, the Tribunal also noted Mr Zablotsky's assertions of a lack of conventional life together, no mutual friends, and significant periods spent at sea. Despite these points, and considering all the elements of section 4(3) of the Act, the Tribunal formed the opinion that the relationship between Mr Zablotsky and Ms Zablotsky constituted a de facto relationship during the relevant period, meaning Mr Zablotsky was a member of a couple.

Consequently, the Tribunal found that Mr Zablotsky had been overpaid his Disability Support Pension at the single rate and that a debt was due to the Commonwealth. Adopting figures previously established, the Tribunal calculated the outstanding debt to be $10,837.81 after deducting a payment already made by Mr Zablotsky. The Tribunal did not make a determination on whether to waive the debt, as this discretion rests with the Secretary.