Julie* has been with her partner Simon* for nearly four years.
She loves that he is well-read and smart, and that they share an appreciation for art and science. She loves that he brags about her to his friends, and randomly tells her that he loves her.
"We love each other, we're good for each other, and we want to share our lives together," she said.
But, Julie says she can't marry Simon. Nor can she move in with him.
Julie relies on the Disability Support Pension (DSP). She says if she takes the next step in her relationship with Simon, she will lose the pension, and therefore her independence.
"It feels like we're having a long-distance relationship in the same city," she said.
"I want to take the next step with [Simon], move in together and then get married, because that's what feels like the natural and logical thing to do."
Julie said that due to her disability, she cannot work more than 20 hours a week, and can become incapacitated for days or weeks at a time without warning.
"It's very important to me that I have a safety net for when I can't work or when people are unwilling to employ me."
In order to remain independent in the eyes of the government, Julie and Simon only see each other a few times a week. They don't live together or share any domestic tasks and they keep their finances completely separate, despite having been together for almost four years.
"We just want to move into that next phase of our lives together but instead we're stuck in limbo," she said.
Member of a couple rule
The test for the "member of a couple" rule constitutes a series of checks, including completing domestic and/or financial tasks together, having an ongoing and/or sexual relationship and living together.
A spokesperson from the Department of Social Services said discretion is used in instances where it was "unjust or unreasonable to treat someone as a member of a couple".
Sam Tracy from community legal service Basic Rights Queensland said this discretion was the reason so many of his clients found the rules unclear and circumstantial.
"The impacts are greater on our disabled clients because their independence is much more dependent on that pension," he said.
Imprisoned in relationships
In order to access any welfare payments, Australians must pass income and asset tests.
If a person on the DSP is deemed by the government to be partnered, their combined income cannot exceed $3,431 in any two-week period. This is a combined annual income of $89,206.
Julie says due to this threshold, if she moves in with Simon, she will lose her pension – or most of it, depending on how much he earns.
And even if they take that next step, he would not be legally required to support her.
"By law, I lose my pension regardless of whether my partner financially supports me or not," she said.
"The choice between having enough money to live or being with the person you love, that isn't a choice anyone should have to make," she said.
These requirements can put people in danger, according to discrimination law expert Robin Banks.
"We know that violence is higher than average for those with a disability, even in their personal and intimate relationships," Ms Banks said.
"This issue really undermines the capacity of people with disability to escape from violent relationships, leading to people becoming imprisoned in those relationships."
Ms Banks believes that these rules are "at odds" with the work being done to ensure the independence of people with disability and their right to equal opportunities.
"It is almost like saying, 'sorry, but you don't get to have relationships and be secure knowing you can maintain your independence and not become completely reliant on your partner,'" she said.
'Easy way to get prosecuted'
This can lead to an agonising choice between disclosing a relationship and losing the pension, or lying about it to the government.
The consequences for lying about a relationship status can result in repayment debts and even criminal fraud charges.
"We have had clients accumulate huge debts — over $100,000 — because they didn't declare and were later found out," Mr Tracy said.
"Tip-offs can come from anywhere; we've had instances of neighbours and colleagues notifying Centrelink voluntarily.
"It is a very easy way to get prosecuted."
A growing push for change
In July 2021, the Queensland Advocacy for Inclusion brought this issue to the Senate Committee Affairs Inquiry into the DSP.
"Whilst this ensures government resources are not needlessly going to wealthy households, the threshold of income earned by a partner that subsequently disqualifies a person with disability from receiving the DSP is too low," the submission stated.
Ms Banks said the issue was put back on the agenda after it was mentioned in a Department of Social Services consultation meeting on the National Disability Strategy Guiding Principles, in November last year.
Basic Rights Queensland wants to see this rule amended to keep their clients safe.
"Relationships take many different forms, including cohabiting, carer relationships and a whole lot more, so it's time our welfare system reflects the current day and age," Mr Tracy said.
According to the Commonwealth Department of Social Services, there are no current plans to review this rule.
"Social security legislation provides for different rates of payment … and is based on the principle that couples are able to pool their resources and share living costs for their mutual benefit," a spokesperson said.
"Member of a couple provisions ensure that social security payments target assistance to those most in need.
"A single Disability Support Pension recipient has a basic rate of $936.80 per fortnight. A partnered Disability Support Pension recipient has a basic rate of $706.20 per fortnight."
For Julie, this is an issue of marriage equality.
"We want to spend our lives together, like other Australian citizens have the right to do, without it affecting my financial independence," she said.
*These are not their real names.
