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Same-sex couples and social security – new law
Date : 01 Jul 2009
People in same-sex relationships will no longer be treated as single by Centrelink after 1 July 2009.
This means that the incomes of both parties may be taken into account when assessing a person’s eligibility for pensions, allowances, family assistance and other social security payments. It will also affect whether people are eligible to pay or to receive child support.
The definition of ‘marriage like relationship’ has been replaced by the term ‘de facto relationship’ under the Social Security Act 1991. The new definition has been broadened to include people in relationships whether they are of the same or different sex.
These changes are one part of recent reforms that give same-sex couples and their children the same rights and obligations as heterosexual couples and minimise discrimination against people in same-sex relationships.
Declaring a same-sex relationship
People who receive Centrelink payments are required to tell Centrelink if they are in a de facto relationship. Same-sex couples must contact Centrelink about their relationships by 1 July 2009.
It may affect the amount of payments that they get. If they do not let Centrelink know, they may have to repay payments that are made to them after 1 July 2009.
To declare a relationship call Centrelink on 13 6280.
How we can help
Call Victoria Legal Aid’s (VLA) Legal Information Service for free information over the phone about the law and how we can help you with your legal problem. You can speak to a legal information officer in English or ask for an interpreter. Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.
VLA’s other free legal services include legal advice about:
- social security matters from our Human Rights & Civil Law Service
- child support issues from our Child Support Legal Service.
To find out more about any of our legal services see What we do.
Who else can help?
The Welfare Rights Unit provides assistance, including legal help, to people with social security problems. See the National Welfare Rights Network website (new window) for contact details and fact sheets about Centrelink and social security matters.
More information
Related legislation
Related publications
You and family law: a short guide
Related pages
Child support & same-sex couples – new law
Child support & child maintenance
Related websites
For information about the changes to social security see Centrelink – Centrelink recognises same-sex relationships from 1 July 2009 (new window)
For details about the rights of same-sex couples see National Welfare Rights Network – Declaring your same-sex relationship to Centrelink (DOC 812kb – new window)
See summary of all the changes for same sex couples at Attorney General’s Department – Same-sex reforms (new window)
For more detailed report behind the changes see Human Rights Commission report – Same sex: same entitlements (new window)