Kirwan and Secretary, Department of Health (Social services)

The Administrative Appeals Tribunal considered the case of Kirwan and the Secretary, Department of Health. The dispute concerned the assessment of the Applicant's assets for aged care purposes, specifically whether a particular unit was the Applicant's principal home. The Applicant argued that the unit was her principal home at the relevant time, despite her hospitalisation and subsequent brain injury, as she intended to reside there with her son, Richard, who had a disability.

The legal issue before the Tribunal was to determine the Applicant's principal home for the purposes of asset assessment under the relevant legislation. This involved interpreting the concept of "principal home" in circumstances where the Applicant had been hospitalised and her living arrangements were disrupted, but she maintained an intention to occupy a particular property. The Tribunal also considered whether the property had been occupied by a close relation for the past five years and whether that relation had a life interest.

The Tribunal reasoned that the Act did not define "principal home," but in general, it refers to the family home where a couple has lived for most of their married lives and intends to continue living. However, the Tribunal noted that if a person moves between properties, the one where they spend the bulk of their time becomes their principal home. In this instance, the Applicant's submissions highlighted that she had no other home, her possessions were at the unit, and she intended to relocate there. The Tribunal acknowledged that while the legal situation was clear, there was a moral imperative for the Respondent to consider the circumstances of Richard, the Applicant's son, to avoid rendering him homeless.

Ultimately, the Tribunal affirmed the decision under review.