Regular visitors to the SSRV website may be aware that SSRV is working in the space where disasters and social security legal issues intersect.
We established some time ago that there can be both direct and indirect relationships between a person’s lived experience of disaster – such as a bushfire, storm or flood – and subsequent social security legal issues.
Last year, Economic Justice Australia (EJA) and SSRV jointly developed and presented a legal brief to government, highlighting eight systemic disaster-related reform opportunities.
One of the issues raised in the brief was member of a couple decisions in the aftermath of a disaster, which was highlighted by the experience of one of our clients, who had temporarily relocated to her ex-partner’s home after losing her home in a bushfire. Her Age Pension rate was reduced to the couple rate, at a time where she was in significant financial and personal distress.
The brief recommended that, where member of a couple determinations occur due to the impact of a disaster, the circumstances and context should be carefully considered.
As a result of this advocacy, the Social Security Guide (a policy document that guides social security decision making) was recently updated. The Guide’s sections on determining member of a couple relationships, and separated under one roof relationships, now provides this guidance:
Determining member of a couple relationships
“In circumstances where a person can no longer live in their home due to a natural disaster such as fire or flood, a former couple may not have necessarily reconciled just because they have resumed living together. Consideration should be given to the full circumstances of the former couple in determining their relationship status, including whether this arrangement is solely due to the impact of the natural disaster on the person’s home and for example, there are shared children who would otherwise be homeless.”
Determining separated under one roof
“When assessing separated under one roof, the decision maker may interview both parties or ask them to provide additional information about their circumstances. Sensitivity is needed when gathering evidence and consideration should be given to the impact of disasters.”
SSRV is very pleased to see these changes to the social security policy. We believe it is a great step in making social security policy more disaster informed. SSRV thanks Economic Justice Australia for their support and work in seeking these changes be considered and implemented.
As bushfires and floods loom large again this summer, SSRV will continue to seek change in this space to improve the way that Australia’s social security system protects people who are affected by disaster.
