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

The Administrative Appeals Tribunal considered the eligibility of the applicant's late father for a financial hardship supplement under the *Aged Care Act 1997* (Cth). The applicant, acting under a power of attorney for her father, sought the supplement, arguing that despite her father's assets exceeding the statutory threshold, significant expenditure on his behalf should be considered. The delegate of the Secretary, Department of Health and Aged Care, had previously affirmed the decision that the father was not eligible.

The Tribunal was required to determine whether the applicant's father met the eligibility criteria for the financial hardship supplement, specifically whether his assets, at all relevant times, exceeded the prescribed threshold. A further issue was whether substantial expenses incurred on behalf of the father could be retrospectively offset against his assets to render him eligible for the supplement.

The Tribunal affirmed the delegate's decision, finding that the father's assets consistently exceeded the threshold for the financial hardship supplement throughout the relevant period. The Member reasoned that the *Aged Care Act* and its associated principles did not permit retrospective offsetting of expenditure against assets to qualify for the supplement. The legislative framework required an assessment of assets at specific points in time, and the significant expenditure, while acknowledged, did not alter the factual position of the father's asset holdings relative to the eligibility requirements.