SSAct s4. Family relationships definitions-couples

SSAct Contents Title Page Reader's Guide Chapter 1 - Introductory Chapter 2 - Pensions, Benefits and Allowances Chapter 2A - Benefits and concessions other than payments Chapter 2B - Student financial supplement scheme Chapter 2C - Assurances of support Chapter 3 - General provisions relating to payability and rates Chapter 4 - International agreements and portability Chapter 5 - Overpayments and debt recovery Schedules NOTES Section Index Definition Index

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4. Family relationships definitions–couples

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; or

(d): a person who was a member within the meaning of the <hotword “HW-ssa-Section 23 (1)-'Military Rehabilitation and Compensation Act'">Military Rehabilitation and Compensation Act for the purposes of that Act;

immediately before the death of the person;

"armed services widower" means a man 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; or

(d): a person who was a member within the meaning of the Military Rehabilitation and Compensation Act for the purposes of that Act;

immediately before the death of the person;

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

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

"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);

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

"respite care couple" has the meaning given by subsection (8).

History

armed services widow (paragraph (d)) inserted by Act No. 52, 2004, by s.3, Schedule 3(35);

armed services widower inserted by Act No. 74, 1991, by s.4 as set out in Schedule 2;

armed services widower (paragraph (d)) inserted by Act No. 52, 2004, by s.3, Schedule 3(36);

benefit increase partner omitted by Act No. 55, 1994, by s.6 as set out in Part 1 of Schedule 2;

member of a couple amended by Act No. 105, 1995, by s.14;

member of a couple amended by Act No. 18, 1998, by s.4, Schedule 2(2);

partnered (partner in gaol) inserted by Act No. 36, 1993, by s.14;

4.(2) Member of a couple–general

4.(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, in the Secretary's opinion (formed as mentioned in subsection (3)), living separately and apart from the other person on a permanent or indefinite basis; or

(b): all of the following conditions are met:

(i): the person has a relationship 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 subsections (3) and (3A)), 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).

History

S.4(2)(a) amended by Act No. 194, 1991, by s.73 as set out in Part 3 of Schedule 2;

S.4(2)(a) amended by Act No. 105, 1995, by s.14;

S.4(2)(b)(i) amended by Act No. 105, 1995, by s.14;

S.4(2)(b)(iii) amended by Act No. 105, 1995, by s.14;

4.(3) Member of a couple–criteria for forming opinion about relationship

History

Heading for s.4(3) amended by Act No. 116, 1991, by s.4 as set out in Schedule 2;

4.(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.(3A) The Secretary must not form the opinion that the relationship between a person and his or her partner is a marriage-like relationship if the person is living separately and apart from the partner on a permanent or indefinite basis.

History

S.4(3A) inserted by Act No. 105, 1995, by s.14;

4.(4) Repealed by Act No. 192, 1999 by s.3, Schedule 1(2).

History

S.4(4)(d)(vi) amended by Act No. 116, 1991, by s.4 as set out in Schedule 2;

S.4(4)(d) amended by Act No. 81, 1992, by s.116 as set out in Schedule 1;

S.4(4) amended by Act No. 105, 1995, by s.16;

S.4(4)(a) amended by Act No. 197, 1997, by s.3, Schedule 1, Part 1(3);

S.4(4) repealed by Act No. 192, 1999 by s.3, Schedule 1(2);

4.(5) Repealed by Act No. 192, 1999 by s.3, Schedule 1(2).

History

S.4(5) amended by Act No. 105, 1995, by s.16;

S.4(5)(a) amended by Act No. 197, 1997, by s.3, Schedule 1, Part 1(3);

S.4(5) repealed by Act No. 192, 1999 by s.3, Schedule 1(2);

4.(6) Member of a couple–special excluding determination

4.(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.

4.(6A) Member of a couple–exclusion of non‑independent youth allowance recipient and partner

4.(6A) A person who:

(a): has claimed youth allowance and is not independent within the meaning of Part 3.5; or

(b): is receiving a youth allowance and is not independent within the meaning of Part 3.5; or

(c): is a member of a couple of which a person referred to in paragraph (b) is the other member;

is not a member of a couple for the purposes of:

(d): the provisions of this Act referred to in the table at the end of this subsection; and

(e): any provision of this Act that applies for the purposes of a provision mentioned in paragraph (d); and

(f): any provision of this Act that applies for the purposes of Module E (Ordinary income test) of the Pension PP (Single) Rate Calculator in section 1068A.

Note: Paragraphs (e) and (f) have the effect of treating a person as not being a member of a couple in provisions that apply for the purposes of the income test, assets test, liquid assets test or compensation recovery provisions, including section 8 (Income test definitions), sections 11 and 11A (Assets test definitions), section 14A (Social security benefit liquid assets test provisions), section 17 (Compensation recovery definitions), section 19B (Financial hardship provisions liquid assets test definition), Part 2.26 (Fares allowance), Part 3.10 (General provisions relating to the ordinary income test) and Part 3.12 (General provisions relating to the assets test).

Affected provisions
Item	Provisions of this Act	Subject matter
1	Subdivision AB of Division 2 of Part 2.11	Youth allowance assets test
1A	section 500Q	Parenting payment assets test
2	sections 549A to 549C	Youth allowance liquid assets test
3	Subdivision B of Division 2 of Part 2.11A	Austudy payment assets test
4	sections 575A to 575C	Austudy payment liquid assets test
5	section 598	Newstart allowance liquid assets test
6	sections 611 and 612	Newstart allowance assets test
7	sections 660YCJ and 660YCK	Mature age allowance assets test
8	section 676	Sickness allowance liquid assets test
9	sections 680 and 681	Sickness allowance assets test
10	sections 733 and 734	Special benefit assets test
11	section 771HF	Partner allowance assets test
11A	Part 2.26	Fares allowance
12	Module E of Pension Rate Calculator A	Ordinary income test
13	Module G of Pension Rate Calculator A	Assets test
14	Module F of Pension Rate Calculator D	Ordinary income test
15	Module H of Pension Rate Calculator D	Assets test
16	Module H of Youth Allowance Rate Calculator	Income test
17	Module D of the Austudy Payment Rate Calculator	Income test
18	Module G of Benefit Rate Calculator B	Income test
19	Part 3.14	Compensation recovery

History

S.4(6A) inserted by Act No. 18, 1998, by s.4, Schedule 2(3);

S.4(6A) amended by Act No. 45, 1998, by s.3, Schedule 2(2);

S.4(6A)(f) amended by Act No. 82, 1999, by s.3, Schedule 7(2);

S.4(6A) (Table - item 1A) inserted by Act No. 82, 1999, by s.3, Schedule 7(3);

S.4(6A) (Note) amended by Act No. 106, 2000, by s.3, Schedule 1(3);

S.4(6A) (Table – Item 11A) inserted by Act No. 106, 2000, by s.3, Schedule 1(4);

S.4(6A) (Note) amended by Act No. 156, 2006, by s.3, Schedule 1(1);

4.(7) Illness separated couple

4.(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.

4.(8) Respite care couple

4.(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 least 14 consecutive days.

4.(9) For the purpose of this Act, a person is in approved respite care on a particular day if the person is eligible for a respite care supplement in respect of that day under section 44-12 of the Aged Care Act 1997.

History

S.4(9)(b) amended by Act No. 116, 1991, by s.4 as set out in Schedule 2;

S.4(9) repealed and substituted by Act No. 114, 1997, by s. 5, Schedule 3, Part 4(75);

4.(9A) Temporarily separated couple

4.(9A) Two people are members of a temporarily separated couple if they:

(a): are members of a couple for the purposes of this Act; and

(c): are living separately and apart from each other but not on a permanent or indefinite basis; and

(d): are neither an illness separated nor a respite care couple.

Note: for "member of a couple" see subsection 4(2) and section 24.

History

S.4(9A) inserted by Act No. 81, 1992, by s.5;

S.4(9A)(c) amended by Act No. 105, 1995, by s.16;

S.4(9A)(b) repealed by Act No. 108, 2006, by s.3, Schedule 3(1);

4.(10) Omitted by Act No. 55, 1994, by s.6, Schedule 2, Part 1(3).

History

S.4(10) omitted by Act No. 55, 1994, by s.6, Schedule 2, Part 1(3);

4.(11) Standard family situation categories

4.(11) For the purposes 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 or income support supplement; 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 or income support supplement; 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 or income support supplement; 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; and

(f): a person is partnered (partner in gaol) if the person is a member of a couple and the person's partner is:

(i): in gaol; or

(ii): undergoing psychiatric confinement because the partner has been charged with committing an offence.

Note 1: For 'social security pension' see subsection 23(1).

Note 2: For 'in gaol' see subsection 23(5).

Note 3: For 'psychiatric confinement' see subsections 23(8) and (9).

History

S.4(11)(f) inserted by Act No. 36, 1993, by s.14;

S.4(11) (Notes) inserted by Act No. 36, 1993, by s.14;

S.4(11) amended by Act No. 63, 1994, by s.32 as set out in Schedule 4;

S.4(11)(b)(iia) inserted by Act No. 184, 1994, by s.9(1) as set out in Schedule 1;

S.4(11)(c)(iia) inserted by Act No. 184, 1994, by s.9(1) as set out in Schedule 1;

S.4(11)(e) amended by Act No. 184, 1994, by s.9(1) as set out in Schedule 1;

S.4(11) (Note 1) omitted and substituted by Act No. 104, 1995, by s.4 as set out in Part 7 of Schedule 19;

S.4(11)(b)(iia) and (c)(iia) repealed by Act No. 45, 1998, by s.3, Schedule 9, Part 1(2);

S.4(11)(e) amended by Act No. 45, 1998, by s.3, Schedule 9, Part 1(3);

S.4(11)(b)(iii) amended by Act No. 73 of 2002, by s.3, Schedule 1(1);

S.4(11)(c)(iii) amended by Act No. 73 of 2002, by s.3, Schedule 1(1);

S.4(11)(d)(iii) amended by Act No. 73 of 2002, by s.3, Schedule 1(1);

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