Document ID: chunk:federal_register_of_legislation:C2025C00162:section:4:p3
Version: federal_register_of_legislation:C2025C00162
Segment Type: section
Provision Reference: s 4 (pt 3/4)
Character Range: 28117–30671

plans for, or engage in, joint social activities;
 (d) any sexual relationship between the people;
 (e) the nature of the people's commitment to each other, including:
 (i) the length of the relationship; and
 (ii) the nature of any companionship and emotional support that the people provide to each other; and
 (iii) whether the people consider that the relationship is likely to continue indefinitely; and
 (iv) whether the people see their relationship as a marriage‑like relationship or a de facto relationship.
 (3A) The Secretary must not form the opinion that the relationship between a person and his or her partner is a de facto relationship if the person is living separately and apart from the partner on a permanent or indefinite basis.

Member of a couple—special excluding determination
 (6) A person is not a member of a couple if a determination under section 24 is in force in relation to the person.
Note: Section 24 allows the Secretary to treat a person who is a member of a couple as not being a member of a couple in special circumstances.
 (6A) A person who:
 (a) has claimed youth allowance and is not independent within the meaning of Part 3.5; or
 (b) is receiving a youth allowance and is not independent within the meaning of Part 3.5; or
 (c) is a member of a couple of which a person referred to in paragraph (b) is the other member;
is not a member of a couple for the purposes of:
 (d) the provisions of this Act referred to in the table at the end of this subsection; and
 (e) any provision of this Act that applies for the purposes of a provision mentioned in paragraph (d); and
 (f) any provision of this Act that applies for the purposes of Module E (Ordinary income test) of the Pension PP (Single) Rate Calculator in section 1068A.
Note: Paragraphs (e) and (f) have the effect of treating a person as not being a member of a couple in provisions that apply for the purposes of the income test, assets test, liquid assets test or compensation recovery provisions, including section 8 (Income test definitions), sections 11 and 11A (Assets test definitions), section 14A (Social security benefit liquid assets test provisions), section 17 (Compensation recovery definitions), section 19B (Financial hardship provisions liquid assets test definition), Part 2.26 (Fares allowance), Part 3.10 (General provisions relating to the ordinary income test) and Part 3.12 (General provisions relating to the assets test).

Affected provisions
Item                 Provisions of this Act                           Subject matter