Commonwealth Consolidated Acts

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SOCIAL SECURITY ACT 1991 - SECT 24

Person may be treated as not being a member of a couple (subsection 4(2))

             (1)  Where:

                     (a)  a person is legally married to another person; and

                     (b)  the person is not living separately and apart from the other person on a permanent or indefinite basis; and

                     (c)  the Secretary is satisfied that the person should, for a special reason in the particular case, not be treated as a member of a couple;

the Secretary may determine, in writing, that the person is not to be treated as a member of a couple for the purposes of this Act.

          (1A)  If:

                     (a)  a relationship between a 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; and

                     (b)  the person is not living separately and apart from the other person on a permanent or indefinite basis; and

                     (c)  the Secretary is satisfied that the person should, for a special reason in the particular case, not be treated as a member of a couple;

the Secretary may determine, in writing, that the person is not to be treated as a member of a couple for the purposes of this Act.

             (2)  Where:

                     (a)  a person has a relationship with another person, whether of the same sex or a different sex (the partner ); and

                     (b)  the person is not legally married to the partner; and

                     (c)  the relationship between the person and the partner is a de facto relationship; and

                     (d)  the Secretary is satisfied that the person should, for a special reason in the particular case, not be treated as a member of a couple;

the Secretary may determine, in writing, that the person is not to be treated as a member of a couple for the purposes of this Act.

             (3)  A determination made under subsection (1), (1A) or (2) is not a legislative instrument.



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