Commonwealth Numbered Acts

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 4

4. (1) In this Act, unless the contrary intention appears:

"approved respite care" has the meaning given by subsection (9);

"armed services widow" means a woman who was the partner of:

   (a)  a person who was a veteran for the purposes of any provisions of the
        Veterans' Entitlements Act; or

   (b)  a person who was a member of the forces for the purposes of Part IV of
        that Act; or

   (c)  a person who was a member of a peacekeeping force for the purposes of
        Part IV of that Act; immediately before the death of the person;

"benefit increase partner" has the meaning given by subsection (10);

"illness separated couple" has the meaning given by subsection (7);

"member of a couple" has the meaning given by subsections (2), (3) and (6);

"partner", in relation to a person who is a member of a couple, means the
other member of the couple;

"partnered" has the meaning given by subsection (11);

"partnered (partner getting benefit)" has the meaning given by subsection
(11);

"partnered (partner getting neither pension nor benefit)" has the meaning
given by subsection (11);

"partnered (partner getting pension)" has the meaning given by subsection
(11);

"partnered (partner getting pension or benefit)" has the meaning given by
subsection (11);

"respite care couple" has the meaning given by subsection (8).
Member of a couple - general

(2) Subject to subsection (3), a person is a member of a couple for the
purposes of this Act if:

   (a)  the person is legally married to another person and is not living
        separately and apart from the other person on a permanent basis; or

   (b)  all of the following conditions are met:

   (i)  the person is living with a person of the opposite sex (in this
paragraph called the "partner");

   (ii) the person is not legally married to the partner;

   (iii) the relationship between the person and the partner is, in the
        Secretary's opinion (formed as mentioned in subsection (3)), a
        marriage-like relationship;

   (iv) both the person and the partner are over the age of consent applicable
        in the State or Territory in which they live;

   (v)  the person and the partner are not within a prohibited relationship
        for the purposes of section 23B of the Marriage Act 1961. Note: a
        prohibited relationship for the purposes of section 23B of the
        Marriage Act 1961 is a relationship between a person and: . an
        ancestor of the person; or . a descendant of the person; or . a
        brother or sister of the person (whether of the whole blood or the
        part-blood). Member of a couple - criteria for marriage-like
        relationship

(3) In forming an opinion about the relationship between 2 people for the
purposes of paragraph (2) (a) or subparagraph (2) (b) (iii), the Secretary is
to have regard to all the circumstances of the relationship including, in
particular, the following matters:

   (a)  the financial aspects of the relationship, including:

   (i)  any joint ownership of real estate or other major assets and any joint
        liabilities; and

   (ii) any significant pooling of financial resources especially in relation
        to major financial commitments; and

   (iii) any legal obligations owed by one person in respect of the other
        person; and

   (iv) the basis of any sharing of day-to-day household expenses;

   (b)  the nature of the household, including:

   (i)  any joint responsibility for providing care or support of children;
        and

   (ii) the living arrangements of the people; and

   (iii) the basis on which responsibility for housework is distributed;

   (c)  the social aspects of the relationship, including:

   (i)  whether the people hold themselves out as married to each other; and

   (ii) the assessment of friends and regular associates of the people about
        the nature of their relationship; and

   (iii) the basis on which the people make plans for, or engage in, joint
        social activities;

   (d)  any sexual relationship between the people;

   (e)  the nature of the people's commitment to each other, including:

   (i)  the length of the relationship; and

   (ii) the nature of any companionship and emotional support that the people
        provide to each other; and

   (iii) whether the people consider that the relationship is likely to
        continue indefinitely; and

   (iv) whether the people see their relationship as a marriage-like
        relationship.

(4) If:

   (a)  a person claims, or is receiving, sole parent pension; and

   (b)  a particular residence has been, for a period of at least 8 weeks, the
        principal home of both the claimant or recipient and a person of the
        opposite sex; and

   (c)  the claimant or recipient is not legally married to the other person;
        and

   (d)  at least one of the following paragraphs is satisfied:

   (i)  a child of both the people also lives in the residence;

   (ii) the people have joint ownership of the residence;

   (iii) the people are joint lessees of the residence and the original
        duration of the lease was at least 10 years;

   (iv) the people have joint assets with a total value of more than $4,000;

   (v)  the people have joint liabilities totalling more than $1,000;

   (vi) the people have at any time been legally married to each other;

   (vii) the people have at any time shared another residence with each other;
        the Secretary must not form the opinion that the claimant or recipient
        is not living with the other person in a marriage-like relationship
        unless, having regard to all of the matters referred to in subsection
        (3), the weight of evidence supports the formation of an opinion that
        the claimant or recipient is not living in a marriage-like
        relationship with the other person.

(5) If:

   (a)  a person claims, or is receiving, sole parent pension; and

   (b)  a particular residence has been, for a period of at least 8 weeks, the
        principal home of both the claimant or recipient and a person of the
        opposite sex; and

   (c)  the claimant or recipient and the other person are legally married to
        one another; and

   (d)  the claimant or recipient and the other person:

   (i)  are living separately and apart on a permanent basis; or

   (ii) claim to be living separately and apart on a permanent basis; the
        Secretary must not form the opinion that the claimant or recipient is
        living separately and apart from the other person on a permanent basis
        unless, having regard to all of the matters referred to in subsection
        (3), the weight of evidence supports the formation of an opinion that
        the claimant or recipient is living separately and apart from the
        other person on a permanent basis. Member of a couple - special
        excluding determination

(6) A person is not a member of a couple if a determination under section 24
is in force in relation to the person. Note: section 24 allows the Secretary
to treat a person who is a member of a couple as not being a
member of a couple in special circumstances. Illness separated couple

(7) Where 2 people are members of a couple, they are members of an illness
separated couple if:

   (a)  they are unable to live together in a matrimonial home as a result of
        the illness or infirmity of either or both of them; and

   (b)  because of that inability to live together, their living expenses are,
        or are likely to be, greater than they would otherwise be; and

   (c)  that inability is likely to continue indefinitely. Respite care couple

(8) Where 2 people are members of a couple, they are members of a respite
care couple if:

   (a)  one of the members of the couple has entered approved respite care;
        and

   (b)  the member who has entered the approved respite care has remained, or
        is likely to remain, in that care for at least14 consecutive days.
        Approved respite care

(9) For the purposes of this Act, a person is in approved respite care if:

   (a)  the person is a benefit respite care patient as defined in the
        National Health Act 1953 (as modified by the National Health (Nursing
        Home Respite Care) regulations); or

   (b)  the person is a leave respite care patient as defined in the National
        Health Act 1953 (as modified by the National Health (Nursing Home
        Respite Care) regulations); or

   (c)  the person is an eligible person as defined in the Aged or Disabled
        Persons Home Act 1954 and is occupying a respite care place as defined
        in that Act. Benefit increase partner

(10) A person's partner is a benefit increase partner if:

   (a)  the person's social security benefit rate is worked out using Benefit
        Rate Calculator A or Benefit Rate Calculator B; and

   (b)  the person's rate includes an amount under Module C of that Rate
        Calculator for the person's partner. Standard family situation
        categories

(11) For the puposes of this Act:

   (a)  a person is partnered if the person is a member of a couple; and

   (b)  a person is partnered (partner getting neither pension nor benefit) if
        the person is a member of a couple and the person's partner:

   (i)  is not receiving a social security pension; and

   (ii) is not receiving a social security benefit; and

   (iii) is not receiving a service pension; and

   (c)  a person is partnered (partner getting pension or benefit) if the
        person is a member of a couple and the person's partner is receiving:

   (i)  a social security pension; or

   (ii) a social security benefit; or
  (iii)   a service pension; and


   (d)  a person is partnered (partner getting pension) if the person is a
        member of a couple and the person's partner is receiving:

   (i)  a social security pension; or

   (ii) a service pension; and

   (e)  a person is partnered (partner getting benefit) if the person is a
        member of a couple and the person's partner is receiving a
        social security benefit.
Note: "social security pension" includes a sheltered employment or
rehabilitation allowance (see subsection 23 (1)).