Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act, unless the contrary intention appears:
"couple" has the meaning given by subsections (2), (3) and (4).
"member of a couple" has the meaning given by subsections (2), (3), (4) and (4A).
"non-illness separated spouse" means a person:
(a) who is legally married to another person but living separately and apart from that other person on a permanent basis; and
(b) whose separation has not resulted in a determination under subsection 5R(5).
"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 (5).
"partnered (partner getting benefit)" has the meaning given by subsection (5).
"partnered (partner getting neither pension nor benefit)" has the meaning given by subsection (5).
"partnered (partner getting pension)" has the meaning given by subsection (5).
"partnered (partner getting pension or benefit)" has the meaning given by subsection (5).
"prohibited relationship" has the meaning given by subsections (6) and (7).
"war widow" means a woman:
(a) who was the partner of, was legally married to, or was the wholly dependent partner of:
(i) a veteran; or
(ii) a person who was a member of the Forces for the purposes of Part II or IV of this Act; or
(iii) a person who was a member (within the meaning of the MRCA);
immediately before the death of the veteran or person; and
(b) who:
(i) is receiving a pension payable under Part II or IV of this Act at a rate determined under or by reference to subsection 30(1); or
(ii) is receiving the weekly amount mentioned in paragraph 234(1)(b) of the MRCA (including a reduced weekly amount because of a choice under section 236 of the MRCA) or has received a lump sum mentioned in subsection 236(5) of the MRCA; or
(iii) is receiving a pension that is payable under the law of a foreign country, and that is, in the opinion of the Commission, similar in character to a pension referred to in subparagraph (i).
"war widower" means a man:
(a) who was the partner of, was legally married to, or was the wholly dependent partner of:
(i) a veteran; or
(ii) a person who was a member of the Forces for the purposes of Part II or IV of this Act; or
(iii) a person who was a member (within the meaning of the MRCA);
immediately before the death of the veteran or person; and
(b) who:
(i) is receiving a pension payable under Part II or IV of this Act at a rate determined under or by reference to subsection 30(1); or
(ii) is receiving the weekly amount mentioned in paragraph 234(1)(b) of the MRCA (including a reduced weekly amount because of a choice under section 236 of the MRCA) or has received a lump sum mentioned in subsection 236(5) of the MRCA; or
(iii) is receiving a pension that is payable under the law of a foreign country, and that is, in the opinion of the Commission, similar in character to a pension referred to in subparagraph (i).
"wholly dependent partner" has the meaning given by the MRCA.
"widow" means:
(a) a woman who was the partner of a person immediately before the person died; or
(b) a woman who was legally married to a person, but living separately and apart from the person on a permanent basis, immediately before the person died.
"widower" means:
(a) a man who was a partner of a person immediately before the person died; or
(b) a man who was legally married to a person, but living separately and apart from the person on a permanent basis, immediately before the person died.
Member of a couple--general
(2) 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
(aa) both of the following conditions are met:
(i) a relationship between the 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;
(ii) the person 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 another person, whether of the same sex or a different sex (in this paragraph called the partner );
(ii) the person is not legally married to the partner;
(iii) the person and the partner are, in the Commission's opinion (formed as mentioned in section 11A), in a de facto relationship;
(iv) the person and the partner are not within a prohibited relationship.
Note 1: For living with a person see subsection (3).
Note 3: Subsection 5R(5) (determination in relation to an illness separated couple ) is a qualification to the definition of a member of a couple .
Note 4: Subsection 5R(6) (determination in relation to a respite care couple ) is a qualification to the definition of a member of a couple .
(3) For the purposes of subparagraph (2)(b)(i), a person is to be treated as living with another person during:
(a) any temporary absence of one of those persons;
(b) an absence of one of those persons resulting from illness or infirmity;
if the Commission is of the opinion that they would, but for the absence, have been living together during that period.
Member of a couple--special excluding determination
(4) A person is not a member of a couple if a determination under subsection 5R(3) is in force in relation to the person.
Note: Subsection 5R(3) allows the Commission to treat a person who is a member of a couple as not being a member of a couple in special circumstances.
(4A) The partner of a person who:
(a) is receiving a youth allowance under the Social Security Act; and
(b) is not independent within the meaning of Part 3.5 of that Act;
is not a member of a couple for the purposes of:
(c) the provisions of this Act referred to in the table at the end of this subsection; and
(d) any provision of this Act that applies for the purposes of a provision mentioned in paragraph (c).
Note: Paragraph (d) has 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 or compensation recovery provisions, including section 5H (Income test definitions), sections 5L and 5LA (Assets test definitions), section 5NB (Compensation recovery definitions) and Divisions 1 to 11 of Part IIIB (General provisions relating to the income and assets tests).
Affected provisions | ||
Item | Provisions of this Act | Subject matter |
1 | Part IIIC | Compensation recovery |
2 | Module E of the Rate Calculator in Part 2 of Schedule 6 | Ordinary/adjusted income test |
3 | Module F of the Rate Calculator in Part 2 of Schedule 6 | Assets test |
Standard family situation categories
(5) 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 service pension; and
(ia) is not receiving income support supplement; and
(ib) is not receiving a veteran payment; and
(ii) is not receiving a social security pension; and
(iii) is not receiving a social security benefit; 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 service pension; or
(ia) income support supplement; or
(ib) a veteran payment; or
(ii) a social security pension; or
(iii) a social security benefit; 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 service pension; or
(ia) income support supplement; or
(ib) a veteran payment; or
(ii) a social security 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.
(6) For the purposes of this Act, a person and his or her partner are within a prohibited relationship if the person is:
(a) an ancestor or a descendant of the partner; or
(b) a brother, sister, half - brother or half - sister of the partner.
(7) For the purposes of subsection (6), a child who is, or has ever been, an adopted child of a person is taken to be the natural child of that person and the person is taken to be the natural parent of the child.