Collins and Secretary, Department of Health and Aged Care (Social services)

The applicant, Mr Collins, sought review of a decision by the Secretary, Department of Health and Aged Care, concerning the calculation of his home care fees. The dispute centred on whether the applicant's income had been correctly assessed, specifically regarding the inclusion of an income-tested care fee derived from savings held in a bank account. The matter was heard by B. Pola SM of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the respondent had correctly applied the provisions of the *Aged Care Act 1997* (Cth) in calculating the applicant's assessable income and, consequently, his home care fees. The applicant contended that the deeming provisions, which attributed income to his savings, were being applied in a manner that raised ethical, moral, socio-economic, and social welfare concerns.

The Tribunal considered section 48-7 of the *Aged Care Act 1997* (Cth), which outlines the steps for calculating the care subsidy reduction. This section requires the calculation of the care recipient's total assessable income and compares it against an assessable income free area and an income threshold to determine the subsidy reduction. The Tribunal found that the respondent had correctly applied these statutory calculations. While acknowledging the applicant's ethical and moral arguments regarding the impact of the legislation, the Tribunal concluded that its role was to apply the law as written. The Tribunal affirmed the respondent's decision.