I'm on maternity leave from Centrelink at the moment and have been off for 18 months so I can only give you advice on what went by back then.
There's no set number of nights set out in the Social Security Act that you can stay at each others house and still declare yourself to be single. That's just rubbish. There are five factors that are taken into consideration when determining if you are a member of a couple:
In determining if a person is in a member of a couple relationship, consideration must be given to the following 5 factors:
* the financial aspects of the relationship,
* the nature of the household,
* the social aspects of the relationship,
* any sexual relationship between the people, and
* the nature of the people's commitment to each other.
This was taken straight from the guide to the Social Security Act and has links directly on this page to the actual act references:
Guide to the Social Security Act - Member of a coupleYou keep mentioning that your finances are completely separate. As noted above this is not the only factor taken into consideration. Alot of married or defacto couples do keep their finances completely independent from each other and I've lost count of the amount of times I've had to explain that for Centrelink purposes we need to know about both set of figures. What you do with your finances in your own relationship is completely up to you but Centrelink needs both sides of the story to determine the rate you are entitled to.
If you came in and told me what you have said on here I would suggest that you are a member of a couple. You are committed to each other, are having a child together, the separate living is really only because of his course (loads of couples live apart as other posters have mentioned and they are still treated as a couple) etc etc etc. Also the fact he's not divorced yet really doesn't matter.
If you do decide to front up and say you're single then to get more than the minimum rate of FTB A then you will need to take child support action (contact the CSA and get an arrangement in place). If you don't Centrelink will only be able to pay you the base rate which then has financial implications for you and your baby.
Information overload I know but if you really want to get organised then phone Centrelink and see what they've got to say.
Oh and if you're only interested in the FTB side of things then the Family Assistance Act stuff is pretty much the same. Check it out.
1.1.M.50 Member of a couple
Definition
The term 'member of a couple' has the same meaning under the A New Tax System (Family Assistance) Act 1999 as under the Social Security Act 1991.
Act reference: FAAct section 3(1)-'member of a couple'
Member of a couple
A person is considered to be partnered for Centrelink and FAO purposes if they and another person are living together, or usually live together, and are married, in a registered relationship (registered under certain prescribed state or territory laws – opposite sex or same-sex) or in a de facto relationship (opposite sex or same-sex). Centrelink considers a person to be in a de facto relationship from the time they commence living with another person as a member of a couple.
Note: Prior to 1 July 2009 same sex couples were not recognised for family assistance purposes.
There is no definition of separation or de facto relationships under the Act. Decisions on whether 2 people are in a de facto relationship must be made by having regard to all the circumstances of the relationship, including:
* the financial aspects of the relationship,
* the nature of the household,
* the social aspects of the relationship,
* any sexual relationship between the people, and
* the nature of the people's commitment to each other.
Family Assistance Guide - Member of a couple