• Specific Year
    Any

SOCIAL SECURITY ACT 1991 - SECT 24 Person may be treated as not being a member of a couple (subsection 4(2))

SOCIAL SECURITY ACT 1991 - SECT 24

Person may be treated as not being a member of a couple (subsection 4(2))

  (1)   Where:

  (a)   a person is legally married to another person; and

  (b)   the person is not living separately and apart from the other person on a permanent or indefinite basis; and

  (c)   the Secretary is satisfied that the person should, for a special reason in the particular case, not be treated as a member of a couple;

the Secretary may determine, in writing, that the person is not to be treated as a member of a couple for the purposes of this Act.

  (1A)   If:

  (a)   a relationship between a person and another person (whether of the same sex or a different sex) is registered under a law of a State or Territory prescribed for the purposes of section   2E of the Acts Interpretation Act 1901 as a kind of relationship prescribed for the purposes of that section; and

  (b)   the person is not living separately and apart from the other person on a permanent or indefinite basis; and

  (c)   the Secretary is satisfied that the person should, for a special reason in the particular case, not be treated as a member of a couple;

the Secretary may determine, in writing, that the person is not to be treated as a member of a couple for the purposes of this Act.

  (2)   Where:

  (a)   a person has a relationship with another person, whether of the same sex or a different sex (the partner ); and

  (b)   the person is not legally married to the partner; and

  (c)   the relationship between the person and the partner is a   de   facto   relationship; and

  (d)   the Secretary is satisfied that the person should, for a special reason in the particular case, not be treated as a member of a couple;

the Secretary may determine, in writing, that the person is not to be treated as a member of a couple for the purposes of this Act.

  (3)   A determination made under subsection   (1), (1A) or (2) is not a legislative instrument.

Download

No downloadable files available