Relationship status for benefit : Contents
De facto relationship (definition)
A de facto relationship is when 2 people:
- are both aged 16 years or older and
- live together as a couple in a relationship in the nature of marriage or civil union
Client or their partner is 16 or 17 years old
If a client or their partner are 16 or 17 years old, they can only be treated as a couple if they have an order from a Family Court Judge giving consent for the de facto relationship.
Consent from a Family Court Judge for the relationship is required whether or not the couple has a dependent child.
If consent is not given, MSD should consider if each client qualifies for a benefit in their own right.
For more information see:
Legislation
- Consent for de facto relationship section 46A Care of Children Act 2004
- Determinations person is single or in de facto relationship section 8 Social Security Act 2018
- Meaning of de facto relationship section 14 Legislation Act 2019
