Commonwealth Consolidated Acts

SOCIAL SECURITY ACT 1991 - SECT 24

             (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.

             (2)  Where:

                     (a)  a person has a relationship with a person of the opposite 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 marriage‑like 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.