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Raising of Social Security debts due to linking of same-sex partner 107-04020230



This document outlines the process for assessing if a recoverable debt exists when a customer's payment reduces, and the reason for the reduction is their partner status has changed in a same-sex relationship update.

Recognition of same-sex marriages, de-facto relationships and registered relationships

From 1 July 2009, changes to legislation recognise customers in a same-sex de facto or registered relationship are partnered.

From 9 December 2017, same-sex marriages are recognised by the agency. This includes any marriage held overseas before this date. All customers assessed as being a member of a couple will have their rate of payment calculated in the same way.

The start date of a same-sex relationship for the agency's purposes for a relationship that started:

  • before 1 July 2009, is the date customers in a same-sex relationship were recognised as partnered due to the legislation change
  • on or after 1 July 2009, is the date the same-sex relationship started

Determine customer overpayment

To determine if the customer has a debt and its start date depends on:

  • the start date of the same-sex relationship
  • the due date of the notification letter that the customer received advising to notify of their relationship. General notification provisions apply in this circumstance, and
  • the date the agency links the customer to a same sex-partner after the customer has received the letter

Contact the customer before raising a recoverable debt. Assess the customer's circumstances before finalising the debt. Be aware these customers may have sensitive issues to be considered.

The Resources page contains scenarios of assessing debts for customers linked to a same-sex partner. It also has information about how to access the Notification Handler (NOHL) rules.

General debt raising information

Categories of debt raised under subsection 1223(1)

Using the correct date of effect when raising debts

Special circumstances debt waivers

Administrative error waivers

Notification Handler (NOHL)