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

If the customer is:

• in receipt of Disability Support Pension (DSP) or Youth Allowance (YA), and advise they:
• are legally married/in a registered relationship, go to Step 3
• are in a de facto relationship, go to Step 5
• claiming YA, check the independence and relationship status questions on the claim summary page. Go to Step 2
• claiming DSP, assess answers to independence questions provided in the claim

For:

• Online claims:
• open the claim summary and check the answers provided in the Independence section
• Paper claims:
• on the Claim for Disability Support Pension (SA466), check Question 20 Personal Details (relationship status) and Questions 144 to 149 (Independent status)
• on the Disability Support Claim at Age 16 (SA439), check questions 23 to 28
• on the Claim for Disability Support Pension for a Terminal Illness (SA439), check Question 53
• if the customer advises they are legally married/in a registered relationship, or have been legally married/in a registered relationship (now separated, divorced or widowed), go to Step 3, otherwise, go to Step 5

Customers aged under 22 claiming YA may have their independence assessed automatically. The system will automatically pre-populate the applicable independence coding in the Process Direct Independent/Homeless/Away From Home Details (NIH/NIHS) table where the Marital Status (MS) screen shows the customer is or was partnered, because they:

• are or were legally married
• are or were in a registered relationship, or
• are or were in a de facto relationship for a minimum of 12 months

As independence is established, Service Officers do not need to request further information or evidence from the customer.

Has independence been automatically applied correctly from the YA online claim?

• Yes, continue to process the claim. See Assessing and coding student and Australian Apprentice claims for YA or Processing YA (job seeker) claims
• if the customer advises they are legally married/in a registered relationship, or they have been (now separated, divorced, widowed, Section 24), go to Step 3
• if the customer advises they are in a de facto relationship, go to Step 5
• No, if the customer advises they are:
• legally married/in a registered relationship, or they have been (now separated, divorced, widowed, Section 24), go to Step 3
• in a de facto relationship, go to Step 5

The customer needs to provide their marriage or registered relationship certificate or similar document as evidence. See Change in relationship status from single to partnered.

Is the customer legally married/in a registered relationship and living with their partner, or temporarily living away from their partner?

• Yes, and the customer:
• is currently on an income support payment and they are considered independent. Issue a Partner details (MOD P) form. See Step 1 in Table 3
• has lodged an online claim, providing the partner details as per Circumstance Change Monitor (CCM) rules. Note: where information/documents have not been requested or provided, issue the appropriate form(s) using the preferred method. See Step 1 in Table 3
• No, go to Step 4

Obtain details (and verification where required) of the reason the customer and partner are not able to live together.

If the customer:

• has been or is living separately and apart from their partner on a permanent or indefinite basis throughout the whole marriage/registered relationship (for example, a marriage of convenience, or has no plans to live together in the future), they are not considered to be a member of a couple. See Step 6 in Table 3
• has had a change in partner/relationship since submitting their claim (online, in person or lodged documents), go to Step 5
• is in a 'prohibited relationship', go to Step 6

Has the customer stated that they are currently living (or have previously lived) with another person as a member of a couple?

• Yes, go to Step 6
• No, customer is not considered to be independent. See Step 6 in Table 3

Even if all other criteria for member of a couple status are met, a customer cannot be considered a member of a couple if they are in a 'prohibited relationship' under Section 23B of the Marriage Act 1961. For example, close blood relatives, adopted child. For a link to Section 23B, see Legislation.

Is the relationship (or the former relationship) a 'prohibited relationship' under Section 23B of the Marriage Act 1961?

• Yes, the customer is not considered to be independent. See Step 6 in Table 3
• No, go to Step 7

The age of consent is different in each state or territory. For a link to section 3.2.50.20 of the Social Security Guide that includes a table, see Policy.

Do (or did) the customer and their partner meet the rules regarding age of consent in the state in which they are currently living (or were previously living at the time the relationship ended)?

• Yes, go to Step 8
• No, the customer is not considered to be independent. See Step 3 in Table 3

The customer is required to supply evidence of the continuity as a member of a couple for 12 months (6 months in exceptional circumstances). Examples include joint bank accounts, insurance policy, lease agreements, dependent spouse rebate or a statutory declaration from a third party.

The focus of member of a couple assessments for YA differs from those for other payments:

• for other payments, the focus is establishing if the customer is entitled to the member of a couple or single rate, and if they are subject to the partner income test
• for YA, the focus is usually on whether the customer is independent and therefore not subject to the Parental Means Tests, and in some cases, entitled to a higher rate of payment

If the customer has not provided sufficient information/evidence to make an assessment, contact them, see Calling a customer or returning a customer's call.

• Where there is doubt the customer meets member of a couple status for the purpose of independence, ask further questions. Questions may include:
• Have you and this person ever had any joint financial commitments (for example bank accounts, loans etc)?
• Do your friends and family consider you and this person to be a couple?
• Request further evidence if required

Assess the information provided in the response/evidence. Does it appear that member of a couple status exists (or existed)?

• Yes, see Step 1 in Table 2
• No, see Step 3 in Table 3

Determine the duration of the relationship. To be considered independent, the relationship as a member of a couple must have existed for a continuous period of at least 12 months.

Periods of temporary separation

Temporary separations and breakups interrupt the continuity of the relationship, unless the customer can prove the continuous nature of the relationship during those separations. (For example, short periods when a partner had to move away for work, education or family problems may be regarded as continuous).

Has there been a continuity of the relationship for 12 months or more?

• Yes, go to Step 3
• No, go to Step 2

Special circumstances can include the death of a partner or the situation where the customer may have left an abusive relationship.

Verification of the special circumstances

This can be sought if required. This will be at the discretion of the Service Officer. The onus is not on victims of family and domestic violence to prove their situation. Offer these customers a referral to the service centre social worker so their other support needs are met. The referral may be declined.

Acceptable evidence

A soft approach should be taken but acceptable evidence would include:

• Restraining and Apprehended Violence Orders (AVO)
• Letters from counsellors or doctors
• Statements from family members or friends to the effect that there was family and domestic violence in the relationship. Even a broken lease agreement that coincides with the timing of the breakdown of the relationship could also be accepted

Each Service Centre will have a Family and Domestic Violence Contact officer and a copy of the Family and Domestic Violence Manual.

Social worker assessment of the relationship

If there is nothing to indicate that the break up is any different from any other break up, book an appointment with the social worker for an assessment of the relationship:

• Appointment type: SWO General
• Complete the Location and Date fields

Does the customer meet, or at any time of the relationship did they meet, the rules about the duration as a member of a couple?

• Yes, go to Step 3
• No, the customer is not considered a member of a couple. If the customer is:
• current on payment, see Step 3 in Table 3
• claiming YA, see Step 4 in Table 3

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

The rules for age of consent are different for each state. Determine if there are any periods where the customer or partner were under the age of consent in the state where they were/are residing. For example, the customer was above the age of consent in the state where they were living but then moved to another state where they were considered under the age of consent.

Note: 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 the person first lived on arrival or return to Australia.

Was the customer or their partner under the age of consent for any periods of their relationship, in the state where they were/are residing?

• Yes, go to Step 4
• No, the customer is considered a member of a couple. See Step 1 in Table 3

From the length of the relationship, deduct any periods for which either customer was under the age of consent.

Is the result less than 12 months (or in special circumstances, less than 6 months)?

• Yes, the customer is not considered a member of a YA couple and the customer is:
• receiving income support, see Step 3 in Table 3
• claiming YA, see Step 4 in Table 3
• No, the customer is considered a member of a couple. See Step 1 in Table 3

If the customer is considered to be a 'member of a couple', record details of the partner in the Marital Status (MS) screen and code:

• the date the customer became a member of a couple, or the date the customer and partner were deemed independent. See Youth Allowance (YA) or ABSTUDY customer becomes partnered or Independence for Youth Allowance (YA)
• the relationship type (that is, 'MAR' - married, 'REG' - registered or 'DEF' - de facto)
• whether the customer has given permission for their partner to enquire
• the Source and DOR fields
• partner details in the displayed Link Person (LP) screen. Note: if the partner does not have an existing record, go to the Add Person (AP) screen. Add the partner to link to the customer
• a DOC on the customer and partner's records to support the date of event applied on the MS and Independent/Homeless/Away From Home Details (NIH) screens

To complete updates in Process Direct, see Process Direct navigation, common screens and functions.

If the customer is claiming/receiving:

• DSP, and:
• is currently a member of a couple, coding the partner details will pay the independent rate. The code 'LNK' will appear in the Independent Living Code field on the Pension Disability Information (PDI) screen. Go to Step 6
• was previously a 'member of a YA couple', go to Step 2
• YA, go to Step 2

To pay the DSP independent rate, go to the Pensions Disability Information (PDI) screen and code one of the following in the Independent Living Code field:

• 'PBM' - has been married or in a registered relationship
• 'PDF' - has been a member of a de facto relationship for at least 12 months, or
• 'PDS' - has been a member of a couple for at least 6 months and special circumstances exist

For YA, go to the Independent/Homeless/Away from Home Details (NIH) screen and code:

• in the ACT field: IND
• in the Start date field, the date the customer qualifies for the independent status
• in the Start/Reject Reason field, one of the following:
• 'PCO' - currently a member of a qualifying YA couple (includes married, registered and de facto relationships)
• 'PDF' - has been a member of a de facto relationship for at least 12 months
• 'PDS' - has been a member of a de facto relationship for at least 6 months and special circumstances exist, or
• 'PBM' - has been married or in a registered relationship
• the Source and Date of Receipt (DOR) fields as appropriate
• select [Enter] to exit the NIH screen
• complete the assessment on the Assessment Results (AR) screen

Go to Step 5.

For customers who are currently in receipt of income support and have been assessed as living as a member of a couple but do not meet the duration of 12 months for independence:

• create a Display on Access DOC on each partner's record that includes the date the relationship commenced and the date the customer will meet the 12 months duration. See Creating, reviewing and deleting documents (including Fast Notes and DOA DOCs)
• in Customer First, create a manual review on the Activity Registration (AYR) screen and complete the fields as follows:
• Service Reason: YAL or DSP
• Activity Type: REA
• Source: INT
• Date of Receipt: today's date
• Review Reason: leave blank
• Resubmit Date: leave blank
• Action: REV (Manual Review (Resubmits))
• Action Date: the earlier of:
  - the date on which the couple will have lived together for 12 months, or
  - the day both the customer and partner will likely be considered independent for another reason
• Keywords: DEF
• Proceed With Activity?: N
• Transfer to Region: SNN
• Notes: 'Customer and partner began living together xx/xx/xxxx. See OB 102-05010040 for action.'
• the review will mature on the Action Date coded in the AYR activity. Workload Management will allocate the review for manual action. The work item that will be created is ZIAM_YAL_IND-YAL Review as Independent Defacto 12mths. If both members of the couple will be independent at that time and can be partnered. See Youth Allowance (YA) or ABSTUDY customer becomes partnered
• consider if the customer is independent on other grounds. See:
• Independence for Youth Allowance (YA), or
• Assessing payment rates and independence for Disability Support Pension customers under 21 years

Go to Step 6.

A dependent YA cannot be considered a member of a couple with an independent customer until they both meet one of the independence criteria. Consider if the customer is independent on other grounds. See:

• Independence for Youth Allowance (YA), or
• Assessing payment rates and independence for Disability Support Pension customers under 21 years

Assess the claim, if YA is:

• Granted, and independence isn't to be granted or is granted under a reviewable independence category:
• create a Display on Access DOC on each partner's record that includes the date the relationship commenced and the date the customer will meet the 12 months duration. See Creating, reviewing and deleting documents (including Fast Notes and DOA DOCs)
• in Customer First, create a manual review on the Activity Registration (AYR) screen and complete the fields as follows:
  Service Reason: YAL
  Activity Type: REA
  Source: INT
  Date of Receipt: today's date
  Review Reason: leave blank
  Resubmit Date: leave blank
  Action: REV Manual Review (Resubmits))
  Action Date: the earlier of:
  - the date on which the couple will have lived together for 12 months, or
  - the day both the customer and partner will likely be considered independent for another reason
  Keywords: DEF
  Proceed With Activity?: N
  Transfer to Region: SNN
  Notes: 'Customer and partner began living together xx/xx/xxxx. See OB 102-05010040 for action.'
• the review will mature on the Action Date coded in the AYR activity. Workload Management will allocate the review for manual action. The work item that will be created is ZIAM_YAL_IND-YAL Review as Independent Defacto 12mths. If both members of the couple will be independent at that time the records can be linked. See Youth Allowance (YA) or ABSTUDY customer becomes partnered
• go to Step 6
• Rejected, clearly document the reason the customer is not considered to be a member of a couple including the relevant assessment dates used in the assessment as well as all relevant facts and evidence that lead to the decision in the Notes section of the claim. Procedure ends here

Check if a current child support assessment exists if the claim has been granted and the customer meets the following criteria:

• is aged 16-19
• is in full time secondary study, and
• has been assessed as independent due to being a member of a couple

See Maintenance Income Test (MIT) for ABSTUDY and Youth Allowance (YA) for details.

If there is a current child support assessment, use Fast Note - select Auto text, use Generic > Update > Child Support - Action Req'd.

The information recorded on the DOC should indicate the grounds on which the customer's claim for independence should be granted or rejected as well as all relevant facts and evidence that lead to the decision.

Note: if a customer has received Crisis Payment and a change has occurred, a manual reassessment of Crisis Payment may be required. For more information, see Reviewing and reassessing Crisis Payment (CrP).