McKenzie-McHarg and Secretary, Department of Health

This matter concerned an application lodged by Mr Andrew Young, acting as the Applicant's agent under enduring powers of attorney, seeking a review of a Centrelink authorised review officer's decision. The decision under review had varied an earlier determination of the Applicant's assets under section 44.26C(1) of the *Aged Care Act 1997* (Cth). The Applicant, who suffers from dementia and entered residential aged care on 13 February 2019, wholly owns a residential property. The value of a person's assets is crucial for calculating means-tested care fees upon entering an aged care facility.

The legal issues before the Tribunal were twofold. Firstly, whether the Applicant's principal residence should be disregarded for asset valuation purposes under section 44.26A(6)(b) of the *Aged Care Act*, which required determining if Mr Young acted as the Applicant's carer, occupied the residence during the relevant two-year period prior to entry into aged care, and was eligible for an income support payment. Secondly, if the home was not to be disregarded, whether its value, or the Applicant's general assets, should be reduced by an alleged $350,000 loan made by Mr Young to the Applicant in 2007, along with claimed accrued interest of $166,691.75.

The Tribunal found that section 44.26A(6) of the *Aged Care Act* did not apply. Insufficient verifiable and objective documentary evidence was presented to support Mr Young's claims regarding his role as a carer, occupation of the residence, or eligibility for an income support payment. Furthermore, the Tribunal found that the alleged loan of $350,000 and the claimed accrued interest were not substantiated. The Tribunal noted significant deficiencies in the documentary evidence and found that false evidence had been given, raising credibility issues.

Consequently, the Tribunal set aside the decision under review and remitted the matter for reconsideration. The directions included that the Applicant's principal home at Address A was not to be disregarded when determining the value of his assets, and that the value of his assets would not be reduced by the alleged loan and accrued interest, as the Tribunal found the alleged loan was not made to the Applicant as claimed.