1.1.M.120 Member of a couple

Usage

This definition applies to all payments.

Definition: member of a couple

A person is a member of a couple under the SSAct if they are living with another person as their partner,where both people are over the age of consent (applicable to the relevant state or territory), are living together on a permanent or indefinite basis, are not in a prohibited relationship (subsections 4(12) and 4(13)) and are either:

• legally married (2.2.5.14), or
• in a registered relationship (whether of the same sex or a different sex) (2.2.5.13), or
• in a de facto relationship (whether of the same sex or a different sex) (2.2.5.10).

In determining if a person is in a member of a couple relationship, consideration must be given to the following 5 factors:

• the financial aspects of the relationship,
• the nature of the household,
• the social aspects of the relationship,
• any sexual relationship between the people, and
• the nature of the people's commitment to each other.

Act reference: SSAct section 4(2) Member of a couple-general, section 4(3) Member of a couple-criteria for forming opinion about relationship, section 4(3A) The Secretary must not form the opinion…, section 4(6) Member of a couple-special excluding determination, section 4(6A) Member of a couple-exclusion of non-independent YA recipient and partner

_______________________________________________________

Last reviewed: 1 July 2009