marriage-like relationships

If Centrelink decides that you are living in a 'marriage-like relationship', they will consider your 'partner's' income and assets, and may reduce or cut off your payment. For someone to be a 'member of a couple', they need to be of the opposite sex (same sex relationships do not count), not physically related to you, and over the legal age of consent.

Under the law, Centrelink must consider the following five factors when assessing whether your relationship is 'marriage-like':

financial aspects of the relationship;
nature of the household;
the social aspect of the relationship;
the sexual aspect of the relationship; and
the nature of the commitment to each other.

Marriage-like relationships are hard to describe. Centrelink should look at the relationship as a whole, and not just rely on one factor, such as the sexual aspect. Indicators of a marriage-like relationship may include the following (however, these shouldn't be seen in isolation, but rather in terms of the overall picture):

living at the same address;
sharing joint bank accounts;
providing or receiving financial support from the other person;
paying bills together;
cooking, cleaning, taking care of each other etc.;
your family and friends relating to you as though you're married or a permanent couple;
your children calling your boyfriend/girlfriend 'dad' or 'mum';
having a sexual relationship;
having long-term joint financial assets or debts;
having children in the relationship; or
being committed to the relationship.

Because these laws are vague, Centrelink can decide that you are in a marriage-like relationship when you are just living in a shared house set-up, or when your relationship with your boyfriend or girlfriend doesn't have the characteristics mentioned above. If this happens to you and you think Centrelink is wrong, appeal against the decision immediately and ask for your payment to continue until your appeal is decided.

Note: If you were married to someone or lived in a marriage-like relationship but you are now separated on a 'permanent or indefinite basis', you should be treated as single. Centrelink will consider the five 'marriage-like relationship factors' mentioned above in deciding whether you are separated. You can be considered as single, even when you are living with your ex-partner - this is called 'separated under the one roof'. Centrelink may advise that this can only be temporary, but this is not necessarily the case. Get independent advice from a lawyer or community legal centre.