5 May 2009

A coalition of community health and welfare agencies has convinced the Federal Government to support a range of measures to ease the impact of new legislation affecting Centrelink payments to same-sex couples.

The 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 led by ACON, the leading health promotion agency for NSW’s gay, lesbian, bisexual and transgender (GLBT) community and the Australian Coalition for Equality (ACE).

Highlights of the package include:

• 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 the Centrelink reforms
• $100K provided to the Welfare Rights Network for specific advocacy on behalf of same-sex couples affected by Centrelink changes

ACON CEO Stevie Clayton says the measures are an important win for the GLBT community.

“The concessions we’ve obtained demonstrate that the Government has listened to us and now understands the harsh impact these reforms may have on many pensioners in same-sex relationships.”

“While it’s disappointing that we could not achieve ‘grandfathering’ of these reforms – as has occurred with most such changes in the past – the fact that the Government is consulting GLBT representatives about changes to policy is a significant step forward and these concessions will have lasting impact in protecting the most vulnerable in our community.”

Ms Clayton says ACON is looking forward to working with the National LGBT Health Alliance and other community partners to deliver the national education campaign.

“It’s important to understand that the education campaign will not only cover the Centrelink reforms but will also help inform our community about the impact on their lives of the 85 pieces of Federal legislation that changed in 2008 – laws in relation to taxation, superannuation and family law.

“ACON has been advocating for this kind education campaign for some time, so we’re very pleased that the Government has finally recognised the importance of educating our community about their rights under all of the new laws.”

Ms Clayton says a national advisory group will be formed over the next few weeks to oversee the implementation of the education project.

”We’ll be calling for nominations from a range of community and welfare agencies across Australia to get a mix of knowledge and skills that will ensure this work meets the needs of the communities we serve.“

Organisations who would like to express their interest in contributing to the project advisory group should contact Nic Parkhill at ACON on (02) 9206 2000 or nparkhill@acon.org.au.

Full details of the Government package are available on the ACON website: www.acon.org.au

Members of the community who need help or information about Centrelink payments or practice should call the Welfare Rights Centre on 1800 226 028 or (02) 9211 5300.

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 ACON, Australian Coalition for Equality, the National LGBT Health Alliance, 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. 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.