Clients living in a de facto relationship

Clients in a de facto relationship are assessed as a couple.

Note it is important to establish whether a de facto relationship exists or not before benefit entitlement is determined or reviewed.

A client who was in a de facto relationship may be assessed as single or a sole parent if they can show a genuine breakdown in the relationship. As with married or civil union couples, people sometimes live separately for reasons other than a breakdown in their relationship or rearrange their circumstances to qualify for a benefit.

Some couples may live in separate homes because of (but are not limited to):

• financial reasons
• health reasons
• one party lives overseas or
• business/employment reasons (eg truck driver, shearer etc)

This does not mean they are no longer in a de facto relationship. You can only pay a single or sole parent rate of benefit if the relationship has genuinely ended.

For a de facto relationship to exist the client and the other adult must have a relationship that has similar characteristics to a marriage or civil union. When considering whether a client is in a de facto relationship these characteristics can be used to help determine relationship status. These are:

• Emotional commitment
• Financial interdependence

Note the absence of either of these characteristics means that the client is not in a de facto relationship for benefit purposes.

If you are unable to make a decision regarding the client's relationship with the other adult you can discuss the case with your regional solicitor or local fraud investigator.