Section 8 — Social Security Act 2018: Determinations person is single or in de facto relationship

8 Determinations person is single or in de facto relationship (1) This section applies to a decision by MSD so far as the decision does all or any the following: (a) determines (that is, grants, or refuses to grant, on any basis) an application for a benefit: (b) reviews (and suspends, cancels, or varies, from a date determined by MSD) a benefit already granted: (c) determines the rate of benefit (from a date, or dates, determined by MSD): (d) grants, or refuses to grant, on any basis, a payment of a funeral grant ( see section 90 ): (e) grants or refuses to grant, on any basis, a payment under an approved special assistance programme. (2) MSD may make a determination to regard as single, for the purposes of the decision, an applicant or a beneficiary who is married or in a civil union with the applicant’s or beneficiary’s spouse or partner, but— (a) is living apart from the applicant’s or beneficiary’s spouse or partner; and (b) is not in a de facto relationship. (3) A determination under subsection (2) may include a date, determined by MSD, on which the spouses or partners must be taken for the purposes of the decision to have commenced to live apart. (4) MSD may make a determination to regard as a party to a de facto relationship, for the purposes of the decision, any 2 people who, not being legally married or in a civil union, have entered into a de facto relationship. (5) A determination under subsection (4), for the purposes of the decision, may include either or both of the following dates: (a) a date, determined by MSD, on which the 2 people must be taken as having entered into the de facto relationship: (b) a date, determined by MSD, on which the de facto relationship of the 2 people must be taken to have ended. (6) Every determination under this section also applies for the purposes of every debt-recovery or offence provision in or under this Act. Compare: 1964 No 136 s 63