Information for customers

Who is affected by these changes?

From 1 July 2009, if you receive a Centrelink or Family Assistance Office payment or service and are in a same-sex de facto relationship, your payment may be affected.

This includes payments and entitlements such as pensions, allowances, Family Tax Benefit, Child Care Benefit, Health Care Card and Commonwealth Seniors Health Card.

If you are a new customer after 1 July 2009 and are in a same-sex de facto relationship you are recognised as partnered when you apply for a payment or service.

Refer to the Are you a member of a couple? factsheet for more information.

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What is a member of a couple for Centrelink and Family Assistance Office purposes?

From 1 July 2009 Centrelink and Family Assistance Office recognises all couples, opposite-sex and same-sex.

For Centrelink and Family Assistance purposes a person is considered to be your partner if you and the person are living together, or usually live together, and are:

• married; or
• in a registered relationship (opposite or same-sex); or
• in a de facto relationship (opposite or same-sex).

Refer to the Are you a member of a couple? factsheet for more information.

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What is a registered relationship?

A registered relationship is one that is registered under certain prescribed State and Territory laws that provide for registration of relationships (currently Victoria, Tasmania and the Australian Capital Territory).

Relationships registered in other countries or under local government schemes (such as City of Sydney registry) are not recognised as they are not registered under a Australian state or territory law. However, evidence of these registrations is a strong indicator that a couple is in a de facto relationship.

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What is a de facto relationship for Centrelink and Family Assistance Office purposes?

A de facto relationship is where 2 people who are not married are living together - or usually live together - and are members of a couple. A de facto relationship can be between people of the opposite or same-sex. Centrelink considers a couple to be in a de facto relationship from the time they commence living together as a member of a couple.

If you identify yourself as a member of a couple Centrelink will not generally undertake an assessment of your relationship. Where an assessment is required, establishing whether 2 people are members of a couple involves consideration of the financial and social aspects of the relationship, nature of the household, presence or absence of a sexual relationship, and nature of the commitment. Evidence relating to these factors is considered, although not all factors need to be present for a decision that a person is in a de facto relationship to be made.

Following are some examples of the factors Centrelink considers when assessing whether a person is a member of a couple:

Financial aspects:

• Do you have both names listed on tenancy applications, lease agreements or mortgage documentation?
• Do you have any joint bank accounts?
• Do you have joint ownership of major assets?
• Do you claim the other person as your partner and/or dependant for taxation, health, insurance, welfare or other purposes?

The nature of your household:

• What is the physical set-up of the household, eg do you share the same bedroom and common living areas?
• Who does the cooking, cleaning, washing for the other person?
• Have you lived together at another address?
• Why did you decide to live together?

Social aspects of your relationship:

• Do you consider the other person to be your partner?
• Do you present yourselves as a couple at joint social or leisure activities?
• Do you share plans, such as spending holidays together as a couple or family unit?
• Have you presented yourself as a member of a couple to third parties such as employers, landlords or business proprietors?

Sexual relationship:

• Do you have an ongoing sexual relationship with the person you are living with?
• How long have you been in this relationship?

Nature of your commitment:

• Do you have a mutual commitment to the relationship and what is the strength of your emotional ties?
• Do you and your partner have influence over each other’s long-term plans or decisions?
• Do you consider that the relationship is likely to continue indefinitely?

Refer to the Are you a member of a couple? factsheet for more information.

For more information on how this applies to opposite and same-sex couples view the Guide to Social Security Law.

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When were the changes implemented?

The changes to recognise same-sex relationships for Centrelink purposes took effect from 1 July 2009.

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What do I have to do?

If you are in a same-sex de facto relationship and receive a Centrelink or Family Assistance payment or service, you are required to tell us from 1 July 2009. This will ensure that you continue to receive the correct payment.

From 1 July 2009, if you are overpaid because you have not told us that you are in a same-sex relationship, you may have to pay back some or all of your payment.

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How do I declare my relationship to Centrelink?

You can advise Centrelink or the Family Assistance Office that you are in a same-sex relationship and discuss how the changes may affect you by calling Centrelink on your main payment number, or by asking at a Centrelink Customer Service Centre.

Your payment or entitlement will be reassessed, taking into account your partner's details.

From 1 July 2009 you are required to advise Centrelink or the Family Assistance Office if you are living as a member of a couple in a same-sex relationship.

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How could my payment change?

Your payment may be affected depending on your circumstances and the type of payment you receive.

Most payments are assessed based on the income and assets of both you and your partner. You may receive a different rate of payment, or you may stop receiving your payment once your partner’s income and assets are included in assessing your payment. For most payments, the partnered rate is less than the single rate of payment.

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What impact will the changes have on Family Tax Benefit or Child Care Benefit?

If you are receiving Family Tax Benefit or Child Care Benefit you must advise if you are living in a same-sex de facto relationship. Payments and entitlements will be reassessed based on the combined income of your partner and yourself.

From 1 July 2009 separated parents who have children from a same-sex relationship are able to apply for child support, are required to do so to get more than base rate of Family Tax Benefit Part A.

From 1 July new parentage laws are recognised for same-sex couples. Same-sex parents who separate, or are already separated, are able to apply for child support as parents where they are recognised as parents under the Family Law Act 1975 (Family Law Act). For more information about same-sex couples and child support view the Child Support Agency factsheet - Same-sex couples and child support.

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What impact will the changes have on my concession cards?

If you are no longer eligible for a pension or income support payment you may lose entitlement to a concession card.

If you do not qualify for an income support payment you may qualify for a Low Income Health Care Card or Commonwealth Seniors Health Care Cared (if of age pension age).

As a result of becoming partnered for Centrelink purposes, a partner may have access to concession card benefits.

You can request that Centrelink reissue your concession card without your partner details displayed. Any concessions offered to you as the concession card holder will only apply to those named on the card. In order for you to access concessions for your partner you will need to present the concession card displaying your partner's details.

More information about income limits for Centrelink payments and concession cards is included in the Australian Government Payments booklet.

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What else should I know?

From 1 July same-sex de facto couples may have access to the following:

• partner concession card benefits
• bereavement benefits if a partner dies
• exemption of the family home from the asset test when 1 partner enters nursing home care and the other partner continues to reside there
• recognition as independent for Youth Allowance if you are in a same-sex de facto relationship for over 12 months.

Note: If you are concerned about your privacy, you can request that your regular Centrelink office be changed to one of your choice. This change can be requested either in person or via telephone.

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Case studies

To help you understand the effects of the same-sex law reforms, a few case studies have been provided as examples for reference.

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How do I get more information or support?

If you want to talk to someone about how these changes may affect you, you can call us on your main payment number. You can also call this number to tell Centrelink if you are in a same-sex de facto relationship.

Financial Information Service

Centrelink’s Financial Information Service (FIS) is an education and information service available to everyone in the community. FIS helps people to make informed decisions about investment and financial issues for their current and future financial needs. FIS is independent, free and confidential and provides services through seminars, and by phone and appointment.

On request, Financial Information Officers may be able to present a seminar specifically targeted to your organisation If you want to talk to a FIS officer about the financial impacts of the same-sex changes call 13 2300. To arrange a seminar call 13 6357 or send an email to fis.seminar.bookings@centrelink.gov.au including the name of your organisation, your location, contact details and preferred dates.

For more information about Centrelink’s Financial Information Service view the Financial Information Services section.

Social workers

Centrelink also have social workers available to provide counselling and support, provide information about referral to community support services as needed. To speak with a Centrelink Social Worker call 13 1794.

To speak to Centrelink in languages other than English, call 13 1202.

Financial counselling

Commonwealth Financial Counselling is a Government program funding organisations to provide free, independent financial counselling services to people who are experiencing personal financial difficulties. If you are experiencing personal financial difficulties, or are concerned that the changes might create personal financial difficulties for you and your partner, you may want to seek advice from an accredited community-based financial counsellor. You can contact a financial counselling organisation direct or ask a Centrelink social worker to arrange an appointment. For more information or for contact details of financial counselling organisations, visit the Commonwealth Financial Counselling website.

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Other information

For information about other changes due to the same-sex law reforms, refer to Centrelink recognises same-sex relationships from 1 July 2009.