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Full Version: Am I considered 'single'?
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Tessied
I'm a bit confused about my own situation.

I don't live with my partner yet, and may not during the time I am off work with the baby, as he will most likely be training for a job on a campus (near to me anyway). He also won't be earning a wage in these few months either!

We've never lived together.

Does that mean when I claim anything from the FAO etc, I would be classed as single? What I am worried about is that they'd then expect I try and claim chid support?

Any ideas would be helpful original.gif
blackbird
I think you would be classed as single, its more for people who are living together, sharing money and expenses, you could just ring and ask.
Kafkaesque
Yes I believe if you want to claim payments as a single parent they will expect you to also get child support. That said if your childs father is unemployed then it would be a very small amount.
hills mum bec
I realise this is probably an entriely different situation but it may help. My Mum is on a disability pension & has a boyfriend who is also a pensioner. They decided to move in together living in her DP's house. She had her own house to sell so deiceded that the would live some weekend at her house, some weekend at his house (about 2 hours travel between the 2) and would stay by themselves during the week until the house was sold. My Mum did not want to leave her house empty until she knew it was sold which probably makes sense. Anyway, a "friend" of my Mum's dobbed her into Centrelink who then conducted an investigation. Centrelink had all the details of holidays they had taken together, what dates she wasn't at home etc (nice "friend" huh). Mum was told that she could no longer claim a single pension & would have to apply for a spouse pension along with her DP. Mum thought she wasn't doing anything wrong becase they were not yet 'living together' just spending some time at each others places & was intending to cancel her single pension as soon as she sold her house. Centrelink told her that as soon as they had made a 'committment to each other & started staying over each othrs house regularly they were deemed to be in a relationship. She was very distraught about this & her & DP had to pay her mortgage & his rent while only earning a lot less money between them.
Tessied
Oh wow ok....I guess it might be more complicated than I thought.

I don't want to claim single parent pension, I only am thinking about FTB A & B etc.

He's also seperated but not yet officially divorced, so I guess that's going to make it even weirder!
JRA
QUOTE
don't want to claim single parent pension, I only am thinking about FTB A & B etc


But they vary based on being single or not.

Truthfully, you can't have it both ways.

He is your partner or not. If he isn't, he should pay child support
crazyandlovingit
CL would consider you to be partnered in this situation.

And if you decide to go down the roadof claiming as being single then he will have to pay child support.
Carmie
I would say you were partnered. My DH and I constantly live in different states due to work but just because we dont live together in the same house doesnt mean we aren't in a relationship, this also happened before we were married but still had children together.
Tessied
Hmm ok. I thought you'd have to be sharing something financially at the time or have lived together! I don't think his wages would effect much anyway as they won't be much due to his studying.

justthegirls
Do you consider yourself as single?

He is the father of your child and if I've understood correctly you plan to live together at some point in the future. To me you are in a relationship.
Tessied
I consider myself partnered, but as we have lived completely separately financially and will be at the time, I didn't think we'd be considered LEGALLY as anything, I thought you'd have to be defacto or married to be considered partnered.
JRA
Well if you consider yourself single, he will need to pay child support.
It's Me
It sounds like you are trying to find loopholes to get more money from the government.

It is really not that difficult - you are either in a relationship or you're not. If your partner is not earning much money, then that will reflect on your FTB payments anyway.
samagard
QUOTE
It sounds like you are trying to find loopholes to get more money from the government.


How is that assumption going for you rolleyes.gif
If she was trying to do that she would claim single pension which she has already said she isn't doing.

OP
Best to go in and see someone at Centrelink. Yes you are in a relationship, but if you do not live together, and do not share any finances, without regular nights staying over (ie every weekend or something similar) then you are classed as single.
Tessied
QUOTE (YouAre! @ 19/08/2010, 08:33 PM) *
It sounds like you are trying to find loopholes to get more money from the government.

It is really not that difficult - you are either in a relationship or you're not. If your partner is not earning much money, then that will reflect on your FTB payments anyway.


It sounds like you shouldn't be so rude and assume things about people based on, well...nothing.

I don't think it's simple AT ALL, hence questions. I don't think it's really 'out there' to wonder if single parenting is based on FINANCES, and not 'oh well we love each other and hold hands'.
noone special
legally yes, morally no
Tessied
QUOTE (somebody_new @ 19/08/2010, 08:40 PM) *
How is that assumption going for you rolleyes.gif
If she was trying to do that she would claim single pension which she has already said she isn't doing.

OP
Best to go in and see someone at Centrelink. Yes you are in a relationship, but if you do not live together, and do not share any finances, without regular nights staying over (ie every weekend or something similar) then you are classed as single.


Thank you (on both counts). Because I'm unsure of where'll we be come Dec/Jan (ie, if his course finishes early, this won't be an issue most likely), I don't want to rush into centrelink about it, and I still have months before I'm even off work.

The 'problem' I had is if I declare myself as single, I'd then have to go officially for child support, which considering our circumstances feels a bit silly, but OTOH, might just be the drawback.
Green Fairy
C/L will consider you partnered.
samagard
Tessied
I think just wait and see how the situation pans out.
Then go see Centrelink. Unless someone on Eb has written the current centrelink policies on partnered/single parenting payment, no one is going to know how they will view you.

Perhaps by the end of the year the situation may have changed.
It's Me
QUOTE
How is that assumption going for you


It's not an assumption, it's how it appears to me. She is in a relationship, yet she doesn't know whether to declare she's in a relationship incase it causes her payments to decrease.....am I wrong?? shrug.gif

The FTB takes into consideration what your combined income is, so if your partner is not earning very much, then you should still get the max rate anyway.

This may be of some use to you: http://www.centrelink.gov.au/internet/inte...03_0907en_p.pdf

ETA - Do you think he intends to not contribute to anything whilst you are living apart? Even if he is on little income I highly doubt that he won't contribute financially somewhere along the line. That is why you'd be considered partnered.
Tessied
QUOTE (YouAre! @ 19/08/2010, 09:37 PM) *
It's not an assumption, it's how it appears to me. She is in a relationship, yet she doesn't know whether to declare she's in a relationship incase it causes her payments to decrease.....am I wrong?? shrug.gif

The FTB takes into consideration what your combined income is, so if your partner is not earning very much, then you should still get the max rate anyway.

This may be of some use to you: http://www.centrelink.gov.au/internet/inte...03_0907en_p.pdf


Again, it's because we SHARE NOTHING financially! NOTHING! He could earn $1 or $100 and it doesn't help or hinder me.

There are always legal aspects to 'relationships' aren't there? There's a difference between a married couple, a defacto couple, a dating couple, a same sex couple? It's not as simple as 'we're going out, yay'.

So yeah, if they are going to take what he's earning right now into consideration of what I can earn while I am not working, I would prefer to avoid that, considering I have no access to his money and so do not benefit from it.

Not everyone knows about centrelink stuff - I have worked full time for years and never claimed a thing, so instead of assuming I'm trying to rip the government off, how about you assume I just don't find it clear what makes someone LEGALLY bound to another.
blackbird
Does that mean every boyfriend you get you have to now say you are partnered even though you are in separate households etc.? i think a lot of men will run far away from anyone one center-link if thats the case!

I was harassed by center-link when I was a teen because they believed that one of the men I was living with must be my partner, even though we all had separate bedrooms and separate finances.

If he is still technically married then does that make him still in a 'partnership' with the ex too? they ARE legally joined till divorce
justthegirls
You are LEGALLY bound together by the child that you SHARE.

It's Me
QUOTE
Not everyone knows about centrelink stuff - I have worked full time for years and never claimed a thing, so instead of assuming I'm trying to rip the government off, how about you assume I just don't find it clear what makes someone LEGALLY bound to another.


Ease up! I never bloody assumed anything - I said it was how it appeared to me.

Well, just because you have shared nothing in the past, doesn't mean you won't share anything once the baby is here (which is when you will get the FTB anyway - you won't get it before it is born).

Like I said, he is bound to contribute financially somewhat once the baby is here, so if you don't want to claim child support then yes I do think you'll be considered as partnered....because you are.
blackbird
QUOTE (bcbk @ 19/08/2010, 10:51 PM) *
You are LEGALLY bound together by the child that you SHARE.


no it just makes you both bound to the child, not each other.

if you go for single, you will have to through the child support stuff, it would probably be 'easier' just to claim that he is a partner, if he actually agrees to it! he needs to be happy with that too
It's Me
QUOTE
Does that mean every boyfriend you get you have to now say you are partnered even though you are in separate households etc.? i think a lot of men will run far away from anyone one center-link if thats the case!


No, I think it's only the ones who you are in a relationship with and are the father of your child!
blackbird
so say you have a BF get pregnant unplanned, then what, your forced to be partnered/ even though nothing has changed except you are now a plus 1
It's Me
IF you don't want him to pay child support, then yes.

Don't your FTB rates get reduced if you receive child support? So why should you claim you are single - get the max in FTB, and then also have him contribute?
justthegirls
QUOTE (blackbird @ 19/08/2010, 11:07 PM) *
so say you have a BF get pregnant unplanned, then what, your forced to be partnered/ even though nothing has changed except you are now a plus 1


For centrelink purposes yes. If you have a child with someone who you classify as a boyfriend then you're in a relationship. Otherwise you're single and need to put financial arrangements in place such as child support.
minich
I agree with Youare, from what I've read it does look like you are trying to get the most that you can out of the government.
If you consider yourself partnered than I'd say you are, but still your best bet is to call c-link and explain your situation to them and let them decide. It sounds like you'd be on a low income anyway so being single might not mean more FTB.
QUOTE
There are always legal aspects to 'relationships' aren't there? There's a difference between a married couple, a defacto couple, a dating couple, a same sex couple? It's not as simple as 'we're going out, yay'.

I'm pretty sure that centrelink considers all of these as legitimate relationships and would class anyone in these situations as partnered.
Sinister Bonnet
I've never heard of a dating couple who were simply dating being considered as partnered by Centrelink and if it were me, that's one ruling I'd appeal.

OP, I think as others have said, you need to talk to C/L and figure out what the rulings are. The Welfare Rights site would probably have a FAQ as well.
The 7 Dwarfs
Yes, so long as your boyfriend doesn't stay at your house more than a certain number of times a week.

QUOTE
You are LEGALLY bound together by the child that you SHARE.


Not true. My sister had my nephew and lived with me then my mum, her partner with his family and she claimed Single Parenting. He could only sleep over something like twice a week or vicer verser, but they couldn't spend more than a certain amount of nights together a week.

My sister had my second nephew and nothing changed regarding centrelink so long as they stuck by their rules.

He had to pay her child support though
Pantograph
Based on this I think you would be considered single:

Member of a couple (http://www.facsia.gov.au/guides_acts/fag/faguide-1/faguide-1.1/faguide-1.1.m/faguide-1.1.m.50.html)

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.

I know a couple where the father is Australian and the mother is a citizen of an EU country, with that county's passport but was also a UK permanent resident, and is now living in Australia on a visa of some sort and has been here for 2.5 years so far. The Family Assistance Office treats the father as a single parent for assessment purposes because the mother is not an Australian citizen or permanent resident and never has been. Things are not always as straight forward as they seem.
Tessied
QUOTE (minich @ 19/08/2010, 10:29 PM) *
I agree with Youare, from what I've read it does look like you are trying to get the most that you can out of the government.
If you consider yourself partnered than I'd say you are, but still your best bet is to call c-link and explain your situation to them and let them decide. It sounds like you'd be on a low income anyway so being single might not mean more FTB.

I'm pretty sure that centrelink considers all of these as legitimate relationships and would class anyone in these situations as partnered.



Should I be trying to get LESS out of the government? original.gif Right now, I consider myself financially single, but what I consider doesn't have much basis on what Centrelink would, which is what the original question is.

There's nothing actually wrong with figuring out the best path to take in my situation, is there? The fact that there are MANY different opinions on this one thread is proof that the situation is not black and white, that it's not 'obvious' or as simple as relationship or not.

I would have thought the point of declaring yourself in a relationship to Centrelink is because the vast majority of couples would be sharing financial aspects of their living expenses and income. I don't know how it works but I was worried about the idea that for eg, they would combine my 09-10 income with his 09-10 income, when in fact, I have had zero access to his income and I see no logical reason to combine it. So if trying to get more out of the government means I don't want my payments reduced based on an income I didn't get, then yep, that's me.

Thanks to everyone else, esp the PMs original.gif I knew of course that there'd be no definitive answer until I asked Centrelink, but thought someone might be in a similar situation.
Booshay
QUOTE (The 7 Dwarfs @ 19/08/2010, 10:46 PM) *
Yes, so long as your boyfriend doesn't stay at your house more than a certain number of times a week.


I have heard that too, but then was also told by a centrelink staff member that was an old housing commission rule and that centrelink didnt take into consideration how many nights your BF stayed it all boiled down to whether you were considered to be in a partnership or not mellow.gif wink.gif

QUOTE
I would have thought the point of declaring yourself in a relationship to Centrelink is because the vast majority of couples would be sharing financial aspects of their living expenses and income. I don't know how it works but I was worried about the idea that for eg, they would combine my 09-10 income with his 09-10 income, when in fact, I have had zero access to his income and I see no logical reason to combine it. So if trying to get more out of the government means I don't want my payments reduced based on an income I didn't get, then yep, that's me.


You wouldnt be telling them your 09/10 income you would be giving them and estimate on both your combined 10/11 income. There is a parenting payment (partnered) that you could get if there is one main income earner and the other earns below a certain amount , also FTB A and B.

If you go for child support, then your FTB is reduced, and also i believe (well in my case) that the child support agency go on his 09/10 tax return figures. So if he earned a lot last year and he is required to pay a good amount of child support your FTB is reduced a fair bit.

So my advice would be to phone them, you dont have to give any personal details, just figures and they will be able to work out for you what income you would get.

But yes, i do believe that they will consider you partnered original.gif

Good luck with it all




jossy
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 couple

You 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
Tessied
Thanks Jossy, that's really helpful!
Madam_Mummy
If his not earning a wage just yet, then I dont think benefits will be completely affected. It all depends on his earnings.

Id still ring Centrelink or FAO and just ask, its not going to hurt to ask.
pegasus77
Just to add another complicated example, I know of a family where mum, dad and child live under the same roof yet are classed as being single. They do have seperate bedrooms and have more of a friendship/mutual parent relationship, I think all they had to do was prove to Centrelink that they have seperate bedrooms.
It's Me
QUOTE (pegasus77 @ 20/08/2010, 10:37 AM) *
Just to add another complicated example, I know of a family where mum, dad and child live under the same roof yet are classed as being single. They do have seperate bedrooms and have more of a friendship/mutual parent relationship, I think all they had to do was prove to Centrelink that they have seperate bedrooms.


Yes, but the difference here is they are not in a relationship.

OP - You are only absorbing what you want to hear. Call it what you will. What you are doing is trying to get around the system to get as much money from CL as you can. You are in a relationship with the child's father. You do not want him to pay child support. You want the max rate of FTB. He will obviously contribute to raising the child (which you conveniently haven't commented on) - so effectively you are cheating the system.

QUOTE
I don't know how it works but I was worried about the idea that for eg, they would combine my 09-10 income with his 09-10 income, when in fact, I have had zero access to his income and I see no logical reason to combine it. So if trying to get more out of the government means I don't want my payments reduced based on an income I didn't get, then yep, that's me.


They will not combine your 09-10 income, they will combine your 10-11 income. You have to provide an estimate to CL - what your combined income will be for this financial year. If your partner isn't going to earn much as I've stated before, it will not affect your FTB payments anyway.

Glad you managed to find support in those PM's rolleyes.gif
Tessied
How will he 'obviously contribute to raising the child" during this time? He will have no income. How is this 'cheating the system'?

Either way, you've had it in your head what I was after from the beginning, even though all I was doing was asking questions about how it even works. You've conveniently ignored the fact that lots of people here have had different 'answers', which means the answer was not obvious at all.

Of course he will help raise the baby once he's back on a wage, and I will be too - but when that happens none of this is even an issue.
chipsy


Op I havent read all the other replies but wanted to let you know that Centrelink assess whether you are partnered or not on a range of issues not just whether you are living together, these include;

do you consider yourselves to be exclusive ie will either of you have relationships with other people?

do you plans for a future together?

do you share finances?

do other people see you as a couple?

do you share financial support?

there are a whole heap of specific questions to make a determination. from the information in your original post you are a couple.

HillmanMinx
Ok I stopped reading halfway, so barring any new information:

You are single if you do not share living and finances but he is obliged to the child one way or the other. So either you combine finances in a partner-style, or you are a sole carer for the child, in which case, claim pps, ftb a/b and he will need to provide child support as per CSA requirements.

You are allowed to have a boyfriend, even if he is the father of your child, and be living as a sole parent. He just has obligations to the child. Its not finding loopholes, it is a matter of fact.

On the other hand, if you are planning to be living as partnered, perhaps have the discussions sooner rather than later on how your partnership will function, and agree that situation needs to be in place by the time bubs is here. (but I would keep my independence as per the spp and him paying cs if you dont know how things are going to pan out)
Meelamay
If you're going to claim as a single then you need a CSA assessment done. This does not mean that you have to get CSA to collect anything, you can have what they call Private Collect and it is then up to the two of you how this money is transferred. However, that assessment can effect the rate of FTB that you will receive (if it is less than about $1000 a year it will not effect the FTB rate).

If you dont get the assessment done then you will only receive minimum FTB.
JRA
QUOTE
I've never heard of a dating couple who were simply dating being considered as partnered by Centrelink and if it were me, that's one ruling I'd appeal.


I agree. I would be horrified.

But then again, I would expect centrelink to expect the father to be "analysed" for child support.
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