Australian Coalition for Equality
Media Release
5 May 2009
The Rudd government has agreed to a number of measures to ease the impact of changes to same-sex couples on Centrelink benefits. The measures were reached following lobbying by a broad coalition of over 30 groups led by the Australian Coalition for Equality (ACE) and National Health Alliance member ACON.
Highlights of the government's undertakings were:
- a review of Centrelink policies of who is a member of a couple, including consultation with LGBT community representatives on the draft changes
- a more compassionate approach to dealing with debts that may result from the Centrelink law reform
- $350K towards a national education campaign by the National LGBT Health Alliance; informing the community about changes to 85 areas of law, including Centrelink
- $100K provided to the Welfare Rights Network for specific advocacy on behalf of same-sex couples affected by Centrelink changes
Australian Coalition for Equality spokesperson Corey Irlam was encouraged by the outcome of weeks of negotiations.
"It is disappointing the government would not delay the 1 July 09 start date or 'grandfather' existing pensioners so they remained on their existing arrangements. The government explained their reasons and to their credit engaged in discussions about non-legislative solutions to our concerns." explained Mr Irlam
"The fact they are consulting LGBT representatives about the draft changes to policy is a significant step towards protecting the most vulnerable in our community."
Mr Irlam said was ACE was looking forward to working with National LGBT Health Alliance member ACON, and other community partners in delivering a "truly national campaign".
"The national campaign will help inform same-sex couples about the 85 laws changed in 2008. Not just in regards to Centrelink but also including taxation, superannuation and family law."
"ACE started lobbying for an education campaign before the law reforms were announced in 2008. ACE even made sure Mr Rudd heard our pleas by discussing the need for education at the public community cabinet in December."
"While it's disappointing that it took over 12 months, I'm pleased the government has finally recognised the importance of same-sex couples being educated about all of their new rights and responsibilities."
Mr Irlam said while some organisations may have played a more pivotal role than others it was the combined efforts of all 30-plus organisations that achieved the outcome with government.
"The combined efforts of the broad coalition show the types of outcomes our community can achieve when we work together." said Mr Irlam
"No single organisation could have done this alone; particularly given such a small timeframe between February to April to engage with government. Everyone should be congratulated, particularly those organisations from outside the LGBT community."
For further information contact Corey Irlam on 0401 738 996.
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Background and overview of government measures
The following measures are part of a package offered by the Commonwealth following lobbying from a broad coalition of more than 30 social welfare agencies and community health organisations including the Australian Coalition for Equality, the National LGBT Health Alliance, ACON, Positive Life NSW, the NSW Gay and Lesbian Rights Lobby, People with Disabilities and the Welfare Rights Centre.
A letter from Government is anticipated to be received within days outlining the below items. Further information about the broad coalition including the discussion paper presented to government may be found at www.acon.org.au/pensions.
1. A review of Centrelink's policies and procedures in relation to who is a "member of a couple". LGBT community representatives on the Community Reference Group will have the opportunity to provide feedback on the draft changes to policies. This update will provide clearer directions to Centrelink staff in assessing same-sex couples in a compassionate and caring manner.
2. Centrelink will provide information in Centrelink offices and websites for individuals to 'self-assess' if they are a member of a couple for Centrelink purposes. This will prevent members of same-sex couples having to 'out themselves' to Centrelink unnecessarily. This information will publicise the five factors Centrelink considers when assessing a member of a couple. Not all of these factors are required by Centrelink to determine if a person is a member of a couple. If a person determines they are in a same-sex relationship they will then need to declare their relationship to Centrelink.
3. It is important to note that not all same-sex living arrangements will be seen as a member of a couple for the purposes of Centrelink. Each situation is different and will use Centrelink policies to make a determination where someone is unsure or does not declare a relationship. Same-sex couples who are unsure if they are a member of a couple should speak with an independent service like Welfare Rights or ask Centrelink for an assessment rather than automatically declare their relationship. People who declare their relationship will not undergo an assessment to ensure they are actually a member of a couple.
4. Centrelink will conduct LGBT sensitivity training for all relevant staff involved in the same-sex changes. This training will assist Centrelink staff in dealing with same-sex couples in a respectful manner.
5. $350K will be provided to the National LGBT Health Alliance to deliver a national education project on the 2008 same-sex reforms. This campaign will be coordinated by ACON on behalf of the National LGBT Health Alliance and delivered in partnership with local LGBT service providers. A national advisory group will be created to inform and assist in the creation of the education campaign..
6. $100K will be provided to the Welfare Rights Network to provide advocacy for same-sex couples affected by Centrelink changes. Members of the community who need help or information about Centrelink payments or practice should call the Welfare Rights organisation in their state – www.welfarerights.org.au.
7. A person on Centrelink benefits who declares a same-sex relationship may have their payment reduced or stopped due to their partner's income or assets. If a person retains a part-benefit they will retain their concession card. If their payment is stopped a concession card may be retained up to 13 weeks.
Government is not prepared to introduce grandfathering provisions that would keep existing pensioners on their current arrangements; nor would they alter the commencement date of 1 July 2009 for the same-sex social security reforms. They also have confirmed that individuals on Centrelink benefits will not be individually written to, due to the cost and inability to identify who may be in a same-sex relationship. Requests for concession cards to be retained beyond the 13-week period have also been knocked back.
Further discussions with government are occurring on the following issues:
- Introduction of a 'debt-waiver period' from 1 July 2009. This would provide for automatic waiving of a debt incurred by a person on a Centrelink payment who was unaware of the same-sex changes being introduced. This debt waiver period would not apply to a person who is determined to have deliberately defrauded the government by knowingly not declaring their relationship by 1 July 2009.
- Government acknowledged that it is likely to be an increase in homophobic 'dob-ins' or malicious complaints may be made to Centrelink. Government has an obligation to pursue all tip-offs of fraud. Government is considering a compassionate and sensitive approach to their obligations in relation to same-sex couples, in particular vulnerable and elderly couples.
- Government will consider procedural mechanisms for couples to return to their original pension if their circumstances change within a short period of time following a member of a couple determination.
