Definitions for Not a Member of a Couple Status

Last amended: 1 July 2009

Definition of not a member of a couple

For the purpose of the VEA, two people are regarded as not a member of a couple if:    

• they are divorced,
• they are non-illness separated spouses, that is, they are legally married but living separately and apart on a permanent basis and not an illness separated couple or a respite care couple under section 5R(5) VEA or section 5R(6) VEA,
• the Commission has made a decision under section 5R(3) VEA that they are not members of a couple, or
• a delegate of the Commission has determined that a de facto relationship does not exist.

Definition of non-illness separated spouse

A person who is married and separated on the grounds of a breakdown in the marital relationship is referred to as a non-illness separated spouse for the purpose of the VEA. A non-illness separated spouse is defined in section 5E(1) VEA as a person:    

• who is legally married to another person but is living separately and apart from that other person on a permanent basis, and
• whose separation has not resulted in a direction under section 5R(5) VEA.