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T1
STATEMENT OF WILLIAM SCHUESTER DATED 17 MAY 2010
5. Sue suggested that Emma could live with me and provide care to me in
exchange for cheap rent.
6. I liked Emma very much, and we came to an arrangement where she provided
assistance to me in exchange for board and lodging.
shopping;
dressing;
cooking;
bathing; and
cleaning.
9. By that time, Emma had finished her Nursing degree and was looking for work.
10. Her family lives in Adelaide and she decided she wanted to be closer to her
grandmother.
11. Emma received a job offer in Adelaide and moved here shortly after I did.
12. Emma did not have anywhere to live so I offered her the second bedroom in my
house.
13. We resumed our previous arrangements but this time, because Emma was now
working full-time, we both contributed towards the rent.
14. Emma paid all the bills. She had access to my bank account so that she could
transfer money whenever she needed it.
15. I did not really keep track of how much she took out of my account, but I think
that it was usually about right to cover my half of the rent and our other shared
expenses.
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16. We have never had a joint bank account or any joint assets.
18. The furniture in the house all belongs to me and I brought it from Melbourne to
Adelaide when I moved.
21. I paid for the trip. This was partly to thank Emma for looking after me and partly
because I was behind in paying my share of the rent and other expenses.
22. I am not able to travel by myself because I need constant help from a carer.
The only way that I could go to Thailand was to pay for Emma to come too.
23. In Thailand we shared rooms to cut down on costs, but always had twin beds.
24. In 2007 I decided to move out of the Jane Addams Street house because I could
no longer manage the stairs.
25. I moved into 10B William McKinley Street, where I live now, and Emma moved
with me. We had separate bedrooms in this house, as we have had in all the
houses that we have lived in together.
27. I was very unwell and scared and I was worried that the hospital would not let
Emma stay all night with me if they thought she was just a friend.
28. When I filled out the hospital admission forms I said that she was my partner. This
was not true.
29. In December 2009 Emma moved out of the William McKinley Street house.
30. She still comes round to cook and clean for me, and to provide other care to
me.
31. She shops for me because I cannot manage this, and a lot of the time she pays
for my groceries. She says this is only fair because she eats dinner with me nearly
every night.
32. Emma and I do not call ourselves “partners” or “boyfriend” and “girlfriend” to our
social circle. We used to say that we were “housemates” or that she was my
carer. Now we just say that we are friends.
33. Emma and I have never had a sexual relationship. She is like a sister to me.
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T2
STATEMENT OF EMMA PILLSBURY DATED 17 MAY 2010
3. When she heard that I was having trouble finding accommodation I could afford,
she introduced me to Mr William Schuester.
4. Will and I share a love of ballads and we became friends very quickly.
5. I agreed to move in with Will and provide care to him in exchange for board and
lodging.
shopping;
cooking;
dressing;
bathing; and
cleaning.
8. At that time I was applying for jobs in both Adelaide and Melbourne.
9. I was offered a job in Adelaide and decided to take it. Moving back to Adelaide
meant that I could be closer to my grandmother, who was unwell, and the rest of
my friends and family.
10. Will was already living in Adelaide by the time I moved there. He offered me a
room in his house. I did not have anywhere else to stay and I enjoyed living with Will
in Melbourne.
11. Since I was now working full-time I paid rent to Will, although I still continued to
provide him with care.
12. I paid all the bills. I had access to Will’s bank account and took money out of it
whenever I needed it.
13. I did not keep a record of these transactions, and Will did not ever ask me for one. I
believe that we paid roughly half each of all our expenses.
14. Will did get behind with his share at one stage but he paid for me to go to Thailand
in December 2006, and I believe that this repaid me for any money he owed me.
15. In Thailand we shared rooms to cut down on costs, but always had twin beds.
16. In 2007, Will decided to move out of the Jane Addams Street house because he
could no longer manage the stairs.
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17. He moved into 10B William McKinley Street, where he now lives, and I moved with
him. We had separate bedrooms in this house, as we have had in all the houses
that we have lived in together.
19. I did not see the admission forms that he filled out and he did not tell me that he
listed me as his partner until after Centrelink raised debts against us both.
20. I am not sure why he said that I was his partner but it was not true.
21. In December 2009 I moved out of the William McKinley Street house because I felt I
needed a place of my own.
22. I still cook and clean for Will, and I provide him with other care on a regular basis.
23. I shop for Will because he cannot manage this, and a lot of the time I pay for his
groceries. I feel this is only fair because we eat dinner together nearly every night.
24. Will and I do not call ourselves “partners” or “boyfriend” and “girlfriend” to our social
circle. We used to say that we were “housemates” or that I was his carer. Now we
just say that we are friends.
25. Will and I have never had a sexual relationship. He is like a brother to me.
26. We have never had a joint bank account or any joint debts.
E Pillsbury
17 May 2010
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T3
STATEMENT OF SUE SYLVESTER DATED 17 MAY 2010
3. I have known Mr William Schuester since 1981 when we met at the Melbourne
Cheerleading Club.
4. Will was a passionate cheerleader and attended the club every week for many
years.
6. His condition worsened over the years and in 1999 he was forced to resign from
the Club.
7. I kept in touch with Will because we had many mutual friends through the Club.
8. In February 2003 I met Ms Emma Pillsbury, who had just moved to Melbourne
from Adelaide.
11. She was studying nursing and I knew that Will believed that he would soon need
a carer.
12. I suggested to Will that Emma might be a good house-mate for him and that he
could give her cheap rent in return for medical care.
13. I introduced Emma to Will and they got on very well. Emma moved in with Will a
short time later. I don’t think she paid any rent to Will.
14. I socialised with Will and Emma together and with them both separately. They
sometimes attended group functions together but they never told anyone that
they were a couple. They spoke about each other as “housemates”. I never
saw them kiss or hug each other, except in a friendly way.
15. In May 2006, Will told me he had decided to move to Adelaide. He said he did
not know what Emma would do but he thought she was applying for nursing jobs
in both Melbourne and Adelaide.
16. Will moved to Adelaide in June 2006. About a week later Emma told me she
had been offered a job in Adelaide and wanted to move back to her home
town to be closer to her family.
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17. She said that if Will still wanted to share accommodation with her it would be a
convenient arrangement, but they had not decided that this would happen.
18. I have been to Adelaide to visit Will and Emma. I stayed with them in their house
in Jane Addams Street.
21. During my stay in Adelaide Emma and Will took me out with some of their friends.
They never referred to themselves as a couple and no one else in the group
referred to them as a couple either.
22. I do not believe that Will and Emma have ever been members of a couple.
Sue Sylvester
17 May 2010
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T4
STATEMENT OF NICOLA PARKER DATED 17 MAY 2010
1. On 25 September 2009, I made a statement alleging that Emma Pillsbury and Will
Schuester committed Centrelink fraud.
2. Will has now introduced me to the benefits of yoga and I realise that my previous
actions were very wrong.
3. I can now admit that I was jealous of Emma because her lemon meringue pies
taste better than mine.
4. I have been inside Will’s house many times in the last month and I can positively
say there is a bed in the second bedroom.
5. It is behind the double bass and impossible to see from the hallway.
NParker
17 May 2010
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T5
Office use only: Fee Exempt [ ] Fee Payable [ ] Fee Paid [ ]
APPLICANT
Title: Mr Ms Mrs Miss Other ...................
Telephone Telephone
08 8235 7619 08 8235 7619
(business) (home)
Your address
10B William McKinley Street
LIMA SA 5000
Your (If you have a representative, please put their name (with firm or company name, if any), address and
representative’s telephone number in this box.)
name, address and
telephone number
(if you have one)
Interpreter
Do you require the assistance of an Interpreter? Yes No
Disability
If you have a disability and need assistance, please indicate whether:
DECISION You do not have to answer this question if you can attach a copy of the decision. If you don’t have a
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copy, please describe the decision briefly:
Decision attached
Date the decision Decision Please refer to the attached Information for
was made 23 April 2010 reference Applicants sheet
Address:
REASONS FOR What are your reasons for seeking review of this decision? Please read the Information for Applicants
APPLICATION sheet.
The decision is wrong and very unfair. Emma and I are not members of a couple.
SMALL Please read the Information for Applicants sheet for details about the STCT and the Taxation Appeals
TAXATION Division of the AAT before you answer.
CLAIMS
TRIBUNAL Is the amount of tax in dispute less than $5,000? Yes No
(STCT)
MATTERS If yes, and you want your application dealt with in the STCT, please state the amount of tax in dispute.
(only answer this
question if you want $........….........
a tax decision
reviewed in the
If the amount of tax in dispute is over $5,000, or you do not state the amount of tax in dispute, your
STCT)
application will be dealt with in the Taxation Appeals Division of the AAT.
Signature Date
William Schuester 10 May 2010
Form 1 - 1/07 Sub-section 29(1), sub-regulation 5(1), (Administrative Appeals Tribunal Act 1975)
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T6
APPEAL NO A27603
Hearing by Tribunal
Attendance
Mr Schuester and Ms Pillsbury attended the hearing and spoke to the Tribunal.
On 23 April 2010 the SSAT decided to affirm the decision under review.
Date of despatch
26 April 2010
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Reasons for decision
Background
Mr Schuester has applied for review of decisions made by Centrelink officers on 11
September 2009 and12 October 2009, as affirmed by an authorised review officer on
4 January 2010 that:
(a) Mr Schuester and Ms Pillsbury have been members of a couple since 20
February 2003; and
(b) the debt in respect of disability support pension paid for the period 20
February 2003 to 11 September 2009 in the amount of $14,516.80 should
be raised and recovered from Mr Schuester.
Issues
1. The issues for the Tribunal to determine are:
(i) whether Mr Schuester and Ms Pillsbury are members of a couple and
have been since 20 February 2003;
(ii) whether there is a debt and, if so;
(iii) whether all or any part of that debt ought to be recovered.
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From June 2006 to December 2009 Mr Schuester and Ms Pillsbury
continued to share accommodation in Adelaide.
At no time did they have joint ownership of any major assets or any joint
debts.
They paid bills jointly. During the time that they lived together Ms Pillsbury
had access to Mr Schuester’s bank accounts and withdrew money from his
account to pay for groceries and other bills.
They have always viewed their relationship as one of carer and caree, and
they have never viewed themselves as members of a couple.
Ms Pillsbury stated that she now no longer lives with Mr Schuester. She
stated, however, that she was still contributes to the expense of Mr
Schuester’s groceries because she eats meals with him on a regular basis.
When asked why she still eats with Mr Schuester, she stated that she
continues to act as a carer for Mr Schuester, including helping him with
cooking and cleaning.
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Other Evidence
Discussion of Evidence
4. The Tribunal did not find Mr Schuester and Ms Pillsbury’s evidence credible.
The statement of Ms Parker suggests that they have not been honest about
whether they maintain separate bedrooms, and the hospital admission form
shows that they have been presenting as a couple to the outside world.
Consideration
Legislative Framework
5. The legislation relevant to this appeal is found within social security law, in
particular the Social Security Act 1991 (Cth) (the Act) and the Social Security
(Administration) Act 1999 (Cth) (the Administration Act).
6. Section 1223 provides that if a person receives the benefit of a payment but is
not entitled to obtain that benefit, the amount of the payment is a debt due to
the Commonwealth.
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8. The Tribunal has examined Centrelink’s calculations in this matter and is
satisfied that the calculations accurately reflect the actual amounts received
by Mr Schuester.
9. The calculations have been conducted on the basis that Mr Schuester was a
member of a couple from 20 February 2003, with which date the Tribunal
agreed. The Tribunal is therefore satisfied that under s 1223 of the Act, Mr
Schuester has a debt which must be recovered, unless waived or written off.
Recovery
10. In this instance, the Tribunal finds that none of the condition enabling write off
under s 136 of the Act are fulfilled.
11. The Tribunal also considered waiver under section 1237AAD. The Tribunal
had some doubts as to the accuracy of Mr Schuester’s and Ms Pillsbury’s
accounts of their relationship. In those circumstances, the Tribunal cannot be
positively satisfied that the debt did not arise at least partially from their
having made a false statement or representation, or failing or omitting to
comply with a provision of the Social Security law.
12. As neither waiver nor write off are applicable the debt must be recovered.
Decision
On 23 April 2010 the Tribunal decided to affirm the decision under review.
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T7
DECISION STATEMENT
You said you disagree with the decision because Ms Pillsbury is your carer, not your
partner.
Issues to be decided
Whether your relationship with Ms Pillsbury comes within the definition of “member
of a couple” that is set out in the Social Security legislation.
Evidence
All of the decisions Centrelink makes must be in accordance with the law and policy
guidelines. Section 4(2) of the Social Security Act 1991 (the Act) sets out the criteria
for determining whether a relationship is marriage-like and requires consideration of
all the circumstances of the relationship.
While I have noted your belief that you and Ms Pillsbury are not living in a marriage-
like relationship, I am of the view that your relationship is marriage-like within the
meaning of section 4 of the Act. In particular, I have had regard to the statement
provided by Ms Nicola Parker, which contradicts the statements you each made to me
that at all times you have maintained separate bedrooms.
Decision
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you have been living in a marriage-like relationship with Ms Pillsbury since
20 February 2003;
you were overpaid Disability Support Pension from the period 20 February
2003 to 11 September 2009; and
the overpayment, in the amount of $14,516.80, is a debt due to the
Commonwealth and must be recovered.
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T8
Overpayment Printout
Document text
Advice of debt
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T9
STATEMENT OF NICOLA PARKER DATED 25 SEPTEMBER 2009
6. One day a gust of wind blew one of these letters into my hands.
I returned the letter to Mr Schuester, but I could not help noticing
that he was on a single rate disability support pension.
8. I did not believe this, but I had no proof that she was lying.
12. While Mr Schuester was in the kitchen I tried to find the bathroom
so that I could wash my hands.
13. The bathroom was very difficult to locate and I was forced to
open all the doors leading off the hallway.
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18. None of the other rooms contained a second bed.
19. I left the house without waiting for the sugar and rang the
Centrelink tip-off line straight away. I despise Centrelink fraud. It
is costing our country billions in tax-payers’ dollars.
NParker
25 September 2009
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T10
ROYAL ADELAIDE HOSPITAL
Occupation
Home Duties
Address
1 Jane Addams St
LIMA SA 5001
Medicare Number
56789101112
Emergency Contact
Emma Pillsbury
1 Jane Addams St
LIMA SA 5001
Relationship: Partner
Admission Details
Date
12 September 2008
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T11
Important Information
This is your E-Ticket Itinerary & Receipt/Tax Invoice. You must bring it with you to the
airport for check-in, and it is recommended you retain a copy for your records.
Each passenger travelling needs a printed copy of this document for airport security
checks.
Please familiarise yourself with yourself with the key Conditions of Carriage and other
information contained in this document.
Your Itinerary
Date Flight Departing Arriving Status Flight
Number Information
Payment Details
Date Payment Type Reference Amount*
30 Nov 06 BPay $1500
* All amounts are displayed in Australian Dollars (AUD)
Qantas Airways Limited ABN 16 009 661 901 Qantas Airways Limited, 203 Coward St.
Mascot, NSW 2020, Australia
qantas.com
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T12
MR W SCHUESTER
1 JANE ADDAMS ST LIMA SA 5001
Note: Proceeds of cheques are not available until cleared. Please check that the
entries listed on this statement are correct. If there are any errors, please contact the
Bank immediately on 13 2221.
Further information about your account, including details of benefits or fees and
charges, is available by telephoning the enquiry number listed above. If you have a
complaint, information about our dispute resolution process is available from the
same enquiry number.
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