Waikato Law Review 7 1999 : 104-146

This article examines the concept of the conjugal status principle in determining whether benefit fraud had been committed in an 18-year relationship where domestic violence had been a regular occurrence. A Court of Appeal decision in "Ruka v. Department of Social Welfare" (1997), made a radical departure when it redefined the concept 'de facto' marriage for social security purposes. Financial interdependence, emotional commitment and issues raised by battered woman's syndrome (the three key ingredients in the Appeal decision), are discussed in detail. The Department of Social Welfare's response to the Ruka case, and the resultant legislative aftermath, which involved a proposed bill, are traversed. Although battered woman's syndrome was not central to the decision in the Ruka case, it featured significantly in the proposed bill. This bill sought to allow the Department of Social Welfare to ignore domestic violence when establishing a marriage-type relationship, and to remove social security support for battered women after a six-month period as an incentive to leave the relationship.