Finlayson and Secretary, Department of Health (Social services)

The Administrative Appeals Tribunal considered the dispute between the applicant, Finlayson, and the Secretary of the Department of Health concerning the recognition of a gift made to a Trust. The applicant sought to have this gift recognised for the purposes of her entry into aged care.

The primary legal issue before the Tribunal was whether the gift made by the applicant to the Trust prior to her entering aged care on 7 April 2017 was validly established and should be recognised under the relevant social services legislation. This involved determining the nature of the gift and its compliance with the terms of the Trust deed and any other applicable legal requirements.

The Tribunal reasoned that, based on the terms of the Trust deed and the evidence presented, no valid gift prior to the applicant's entry into aged care on 7 April 2017 had been established. Consequently, the Tribunal affirmed the decision of the authorised review officer, which had not recognised the gift. The decision under review was therefore upheld.