The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

1.1.C.40 Cohabitation, living together (FTB)

Usage

For the purposes of FTB, these terms are used only in relation to presumption of parentage (1.1.P.110) for child support (1.1.C.20).

Definition: cohabitation

The term 'cohabitation' refers to living together in a de facto relationship rather than just sharing accommodation.

When a separated couple recommence living together, they are considered to be 'cohabiting' in situations where the couple intended to resume their relationship, even if this intention only lasted a brief time.

Definition: living together

The term 'living together' rather than 'cohabitation' is used in the application for a child support assessment, as this is a more commonly used expression.

Decision about living together

For the purposes of establishing presumption of parentage, it is the responsibility of the individual (1.1.I.90) rather than Centrelink to decide if they and the other named parent of the child were living together. Centrelink does not need to make a decision about whether the individual was in a de facto relationship.

Policy reference: FA Guide 3.1.6.20 Presumption of parentage - Stage 2, 1.1.M.50 Member of a couple

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