Positive Life NSW

Your Social Security and Family Assistance entitlements may be affected by whether Centrelink assesses you to be single or a member of a couple.

Rates and entitlements may differ because:

• the maximum rate of pension or allowance is generally lower for a person who is a member of a couple
• the income and assets of a person’s partner are assessable under Social Security and Family Assistance income and assets tests
• there are some entitlements with eligibility requirements that relate to relationship status

Centrelink will treat you as a member of a couple if you are married and you are not living separately and apart from your husband or wife.

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Until 1 July 2009 you may also be treated as a member of a couple if you are in a “marriage-like” relationship with a person of the opposite sex. Assessment depends on consideration of various factors.

From 1 July 2009 changes to Commonwealth legislation mean that a definition of “de facto relationship” will replace the definition of “marriage-like” relationship. Most importantly, the new definition of “de facto” relationship will include same-sex couples. This means that a person may be considered to be in a de facto relationship whatever the gender of their partner.

The new “de facto” definition will apply to people claiming payments on or after 1 July 2009, and also to people already receiving payments on that day. This means that some people in same-sex de facto relationships will have their Social Security or Family Assistance payments reduced or cancelled as a result of being newly assessed as a member of a couple from 1 July.

Some people in same-sex de facto relationships may have new entitlements because income and assets test thresholds are higher for couples.

For more information see: www.welfarerights.org.au/Factsheets/fsmlr.doc

If you would like a printed copy call Positive Life NSW on 9361 6011 or freecall 1800 245 677.