BRIEF FOR THE RESPONDENT

You are counsel for the Department of Families, Housing, Community

Services and Indigenous Affairs, the respondent in this matter. The resondent
is opposing an application to the Tribunal by Mr Schuester for review of a
decision of the Social Security Appeals Tribunal dated 23 April 2010 to affirm
a decision of a Centrelink Authorised Review Officer to raise and recover a
debt of $14,516.80 in relation to Disability Support Pension. Ms Pillsbury has
been joined as the Other Party as someone whose interests are affected by
its outcome.

The legislation relevant to this appeal is the Social Security Act 1991 (Cth)
(the SS Act) and the Administrative Appeals Tribunal Act 1975 (Cth) (the AAT
Act).

At the hearing Mr Schuester and Ms Pillsbury gave evidence and also called
Ms Sue Sylvester. These witnesses confirmed the evidence provided in the T
documents. The respondent did not call any witnesses. The parties agree
that, in the event that the Tribunal finds that a debt exists, there are no
circumstances which would support the debt being waived or written off. The
issues before the Tribunal therefore are:
(a) whether Mr Schuester and Ms Pillsbury are members of a couple for
the purposes of the Social Security Act 1991 (Cth); and
(b) if so, the period during which Mr Schuester and Ms Pillsbury were
members of a couple.

From the information provided you must prepare and present argument to the
Tribunal as to why it should find in favour of the respondent. Your role is to
assist the Tribunal in coming to the preferable decision.

Your argument should be in the form of closing submissions. You should cite
any relevant provisions of the legislation and case law (if applicable) to
support your argument. You should restrict your submissions to issues
arising from the facts.