Living apart

Generally, if a client is married or in a civil union you can accept that a couple is living apart when it is clear the relationship has ended, and they are living in different homes.

However, 'living apart' does not mean they must be living in separate homes.

If a client is not married or in a civil union, it is important to establish there is no relationship in the nature of marriage or a civil union before assessing the client's entitlement to Emergency Maintenance Allowance.

A relationship in the nature of marriage or civil union is determined by showing that a couple:

• is committed to each other emotionally and
• are financially interdependent

When a client advises the relationship with their spouse or civil union partner has ended and they are living in separate homes, you need to consider why they are not living together.

Sometimes couples live apart for reasons other than a breakdown in their relationship or rearrange their circumstances to qualify for a benefit.

This can include (but is not limited to) the following reasons:

• business/employment reasons (e.g. truck driver, shearer etc) or
• health reasons or
• 1 partner lives overseas or
• financial reasons

Emergency Maintenance Allowance can only be paid when the relationship has ended.

Generally, when a married or civil union couple live in the same home, they are considered a couple.

When a client advises the relationship has ended but they still live in the same home, you must consider why they are cohabitating.

If the arrangement is transitional (e.g. the spouse or partner is looking for separate accommodation and will move out) and the client considers they have separated, you can accept this for a short period.

If the arrangement is not transitional, you need to assess whether they are living together or whether they are living apart in the same home.

Note you cannot assess the client as a sole parent unless the relationship has ended.

If you are unable to decide the client's relationship status you can discuss the case with your regional lawyer or local fraud investigator.