Heather K Haig Executor of The Estate of Joy Garvin De Vos and Secretary, Department of Health and Aged Care

This matter concerned an application for review brought by Heather K Haig, as executor of the estate of Joy Garvin De Vos, against the Secretary of the Department of Health and Aged Care. The dispute centred on the assessment of assets for the purposes of residential aged care funding, specifically concerning the beneficial interest in a property.

The Tribunal was required to determine whether the decision under review correctly assessed the value of the deceased's assets, particularly in relation to a property in Moorabbin. The core legal issue was how to account for Ms Haig's beneficial interest in that property when calculating the assets of Mr de Vos Senior for the purposes of the aged care means test.

The Tribunal found that the decision under review had failed to properly reflect Ms Haig's 46% beneficial interest in the Moorabbin property. Consequently, the Tribunal was satisfied that the correct or preferable decision was to set aside the original decision. The matter was remitted to the respondent to recalculate the value of Mr de Vos Senior’s assets as at the relevant date, ensuring the Moorabbin property's value was reduced to accurately reflect Ms Haig's interest.