Senate Community Affairs Legislation Committee, , 9:19:19 to 9:25:18
Discussion on Section 24 of the Social Security Act and the impact of partner income testing on financial independence for domestic violence survivors.
Topics: Social services, Family and domestic violence
Speakers: Senator Penny Allman-Payne, Hon Katy Gallagher, Matt Flavel
Um as I understand that Section 24 of the Social Security Act 1991 gives the Secretary the discretion to not treat a person as a member of a couple if there's a special reason for their individual circumstances. Um and I want to share with you the de-identified circumstances of a constituent who's contacted my team. Um Alex relies not their real name, relies on the disability support pension. Um they've been assessed as having no capacity to work, and because their NDIS package fails to meet their extensive support needs, they're relying on their partner. For daily care. Um as a survivor of law. Long-term family violence, financial independence isn't simply a preference for Alex. It's vital to support their sense of safety, dignity, well-being, and their recovery from trauma. Alex is entirely unable to comfortably share or pool financial resources in the way the social security system assumes. And she's been formally advised by professionals not to pull finances due to the severe risks of financial abuse. Furthermore, Alex's mental health, financial and coordination support services have all noted that Alex's partner's informal caring role creates an existing power imbalance and that financial dependence would further increase this imbalance and undermine their autonomy. And Alex's GP has also confirmed that they have no alternative safe accommodation and that a reduction in income would cause severe financial distress and health deterioration. Now, despite this overwhelming evidence from professionals and the thousands of dollars that Alex has had to spend on getting these medical reports, their request for a Section 24 waiver was denied, and their pension was significantly reduced. They've contacted every state and legal advocacy organisation, only to be told that the service is operating at capacity or is unable to help. A question for the Minister. Minister, what does the government expect someone like Alex to do when they've gone down every avenue for support and they're still not able to have a safe outcome due to the partner income testing policy and the fact that they can't get an exception under Section 24?
Thanks, Senator Orman Payne. I mean, we've heard or just heard what you've uh read out there and the fact that the individual had seemed to have made an application for you know special circumstances or some particular arrangements that hasn't been successful. I think it's it is hard to go through individual matters with all the you know with not having all the information uh before us, but I think if you were able to liaise with um DSS, I think they would happily have an up have a look at that because there are safeguards within the system if a person is experiencing family or domestic violence you know to deal with that situation, but it is it is difficult without all of the information in front of us to as much as we can provide some provide the safeguards in a in a large system that has rules about how it operates.
Yep. Okay, more broadly then, how does the government justify asking disabled people about their sexual and domestic relationships, particularly when there's a care relationship involved or a history of domestic and family violence? I apologize, there's a very loud car with music playing. I hope you can't hear it outside my office.
No, we can't hear it. You're coming through loud and clear. Uh well, I mean, again, without all of the information uh available to me. I would say, and I I speak, I guess, as Minister for Government Services. Um I know that people in Services Australia, they do need to collect information to assess whether or not an individual circumstances meets you know the criteria for certain payments. They try to do it as sensitively as possible, but it you know, they have to go through a process of asking for information, but I I'm not sure in this individual case what what that's meant. And I know people try very hard to be respectful about that.
Um someone with an intellectual disability might not be able to navigate the system in the same way that Alex has been able to, notwithstanding that her application has been denied. Um is there any support offered to to people to apply for Section 24 where they may have a vulnerability such as an intellectual disability or having experienced violence?
Uh Senator, I'll check with that's actually really a matter for Service Australia, because it goes to how the supports they provide to people when they're engaging with the system, so I'll refer that question to them.
I'd appreciate that, Mr. Flavble, because I was unable to attend the other day due to medical stuff happening on here, so that would really be appreciated.
I mean, I know I know from my from you know, in recent experience in a similar situation with someone with an intellectual disability who has to navigate Services Australia, um the experience that I had supporting that person uh was first rate, like they seriously uh the the support and the individual kind of trying to line people up with the same officer at the same time and things like that. If they really do have a set of arrangements that they can deploy if an individual needs that extra support.