Thanks a bunch boyz & gals. I wonder just how many gay and lesbians in relationships who are on age or disability pension were actually asked if they’d like to live on less money? “Will you be willing to take a 17% cut in your pension – or even lose it completely & have to rely on your partner’s largesse for basic necessities?” One has to ask how many non-pensioners, those in the workforce in secure jobs would willingly take a 17% cut or forgo their wages completely – for the sake of the elusive dream of equality. None I bet. And remember equal treatment and equality are not the same thing.

So the Lobby, ACON & others have finally arrived at the point of
realising that there is a BIG difference between formal equality and substantive equality. The first is about an across the board/on the face of it approach while the second is about outcomes and accounting for past systemic disadvantages. The first is a quick fix and simplistic. It looks good! For a start those to whom it applies did not start on a level playing field.

Older lesbians and gays have fought for our rights and equality, have lobbied for justice -“ and now have ended up being the victims of injustice ie. lack of substantive justice. Not fair!

Unfortunately, many HIV+, elderly, those on Centrelink Benefits such as the Disability Support Pension, low income earners and those who rely on the Health Care and the Concession Card, etc., share accommodation for the physical security, help in case of a fall and the high costs of renting alone.It is these disadvantaged who are going to bear the of equality. The loss of access to the PBS will mean many pozzies will no longer be able to afford their meds. Of the 982 HIV positive Australians whocompleted the HIV Futures 5 survey, 82% identified as gay or bisexual men.

Same-sex couples who receive any welfare benefit will have to notify the agency of their relationship, their partner’s income, and any changes in their circumstances. But same-sex couples will not be allowed to marry, have adoption rights or receive IVF treatment. When I spoke with (then Shadow) Attorney-General Robert McClelland he said he favoured a 5 or 6 year phase-in period. The changes, July1, will come into effect 15 months after the govt. announced them. Elderly gay and lesbian couples under the new reforms stand to lose nearly $200 per fortnight.

The response to emails and calls to acon on the issue received the response, ‘we don’t have much to do with Centrelink.”

Centrelink has wide powers of investigation. They can question anyone who may have information about you. They may ask questions of friends, hospitals, relatives, employers and neighbours and information is collected from ‘the public’ (for example a dob-in by a neighbour, family member or ex-partner,) the Department of Housing, real estate agents, gas and electricity suppliers, local council, or any other person they think that can provide them with details of a relationship including acon and BGF.

Questions Centrelink will use to assess relationships include: “Do you provide financial support for each other? Do you have any joint accounts or credit cards? Whose name is the telephone/electricity/gas in? Who pays the bills and how do you work it out? Do you jointly own large items, eg house, car, furniture? Do you know about each others financial affairs? Has either of you named the other person as a beneficiary in your will or superannuation? Do you lend or give each other money? Do you share the same circle of friends? Do you tell each other where you are daily or what you are doing when you go out? Do you frequently go out together or do you regularly go out separately? Do either of you have a girlfriend or boyfriend? Do you visit each others families? Would your friends and families consider you a couple? Do you correct them? Do your family or friends make plans for you as a couple? Have you ever let a government department, real estate agency or bank assume you were a couple? Do you take holidays together? Commitment to each other. How long has the relationship lasted? Is it different from other friendships? Do you consider the relationship is likely to continue? Who do you talk to when you have a problem? If you suddenly got sick, who would you call? Have you any long term plans involving the other person? Do you think you are likely to marry? Do you think your relationship is like a marriage? If the other person lost their job or had no income, would you feel obliged to offer them financial help for a period of time?” The questions will also apply to those living seperately or apart from my their ‘partner’.

Centrelink investigations may go on for 6-12 months as it gathers information. Centrelink may not contact you to tell you that the investigation has ceased. If Centrelink believes you intentionally provided the wrong information your case may be referred for prosecution. Overpayments will be recovered by Centrelink. Even if you are repaying the money, you may still be prosecuted.

The National Welfare Rights Network has stated, ” While demanding the same treatment of opposite-sex and same-sex couples may seem fair at face value, it will not create equity. It is disingenuous to claim that the Bill removes discrimination against same-sex couples, when the proposed amendments relating to Social Security and Family Assistance will entrench poverty for individuals whose access to employment benefits, superannuation and insurance entitlements have already been significantly affected by the discriminatory laws that the rest of the Bill seeks to reform.” It’s a pity most in this community don’t feel the same way.