Assessing independence when a customer is/was married or a member of a couple 001-04060020

A customer is considered independent if they are or have been:

• legally married
• in a registered relationship
• in a de facto relationship for a minimum of 12 months, or
• in a de facto relationship for a minimum of 6 months, in special circumstances

This includes living (or having previously lived) as a member of a couple for a continuous period of at least 12 months or more (or 6 months in special circumstances - this can include the death of a partner or when the customer may have left an abusive relationship).

Both members of the couple must be over the age of consent in the state or territory where the couple resides and it must not be a prohibited relationship under section 23B of the Marriage Act 1961, for example, a relationship between close blood relatives.

If a YA customer is considered independent under this criterion, they are not subject to the Parental Means Tests.

The length of a relationship excludes any periods the young person or their partner were under the age of consent in the state they were living.

If the relationship as a member of a couple started while living outside Australia, the age of consent is the age that applied in the State or Territory where they first lived on arrival or return to Australia.

Verification of a de facto relationship will vary on a case by case basis. Evidence required to verify member of a couple status and length of relationship may include:

• MOD P (Partner Details) form
• Lease agreement
• Joint bank statements or insurance policies
• Dependent spouse rebate
• Statutory declaration from a third party

Temporary separations and breakups interrupt the continuity of the relationship, unless the customer can prove the continuous nature of the relationship during those separations.

If a customer is considered separated, there are key tasks they should consider to protect their personal information. See Separating Safely - protecting personal details.

Certain YA customers under 22 years of age, in some circumstances may have their independence automatically assessed within their online claim.

If current or previous relationship details on the YA customer's file indicate they are independent, the independence coding will pre-fill when processing their claim.

In these situations, it is not necessary for the customer to supply further information or verification. The Parental Income Details (MOD JY) will not be requested at the Next Steps page.

Youth Disability Supplement (YDS) is available to:

• DSP customers under 21 years
• YA/ABSTUDY customers under 22 years who have been assessed as having a partial capacity to work of less than 30 hours per week

When making an unfavourable decision, speak to the customer:

• explain the decision
• give them a chance to provide more information, and
• tell them their review and appeal rights