Contents
Student allowance : Contents

Relationship changes

When it is unclear whether a recognised de facto relationship exists, it may be because the relationship has yet to reach the point where it can be categorised as a de facto relationship.

Relationships evolve, and therefore it is possible that a relationship exists but it is not yet a de facto relationship.

In addition, relationships cease or end. A marriage, civil union or a de facto relationship ceases when the relationship has genuinely ceased to exist.

A student who is married or in a civil union may be considered to be single when:

  • they are estranged from their partner and
  • they live apart from their partner

Also, when there are relationship difficulties, tensions or problems, there can be trial or temporary separations before the relationship finally ceases to exist.

When a relationship change does occur, consideration must be given to any eligibility or entitlement change that may have resulted from the relationship change.

Entitlement changes

Any entitlement change generally occurs from the Monday of the week the relationship change occurred.

MSD has discretion to make the change from a later date, if in all the circumstances it would be reasonable to do so.

Legislation

Discretion is often expressed in law by the use of the word "may" as opposed to the use of "shall" or "must".

Exercising discretion involves the use of reason and judgement to make a decision within a "range" of decisions that are potentially available to the decision maker.

The extent of the discretion available to the decision maker depends on the particular provision.

Discretion involves: