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

This matter concerned an appeal to the Administrative Appeals Tribunal (AAT) by Mrs Zamora, who sought to challenge a decision by the Department of Social Services (DSS) that she was a member of a couple for the purposes of assessing her eligibility for an age pension. Mrs Zamora, aged 68, resided with her husband in their jointly owned home, continued to work due to financial necessity, and received financial assistance from her granddaughter. DSS had initially determined she was a member of a couple, a decision affirmed by an Authorised Review Officer and subsequently by the AAT in a prior proceeding (AAT1), despite Mrs Zamora not appearing at that hearing.

The core legal issues before the Tribunal were whether Mrs Zamora was a member of a couple, and if so, whether there were special reasons to treat her and her husband as not being a couple. The Tribunal was required to consider the definition of "member of a couple" under the *Social Security Act 1991* (Cth) and the circumstances under which a couple living separately under one roof might be treated as not being a couple.

The Tribunal found that despite Mrs Zamora being married and residing with her husband, they were no longer a member of a couple. This conclusion was reached by considering the totality of their relationship, including the absence of a sexual relationship and the changed nature of their personal support. The Tribunal distinguished their situation from relationships where individuals merely share accommodation, noting that the "ties that exist between people who do nothing more than to share accommodation" were not present. The Tribunal set aside the previous decision and remitted the matter to the decision-maker for reconsideration of Mrs Zamora's age pension entitlement, directing that she be treated as meeting the requirements of section 24 of the *Social Security Act 1991* (Cth).