Roszko and Secretary, Department of Health (Social services second review)

The Administrative Appeals Tribunal (AAT) considered an application by the Applicant to review a decision concerning her aged pension assessment. The Respondent, the Secretary of the Department of Health, sought to dismiss the application. The core of the dispute revolved around whether the Applicant should be assessed as a member of a couple (albeit illness-separated) or as a single person for social security purposes, and the date from which any such reassessment should take effect. This issue arose from a series of determinations by Centrelink regarding the Applicant's status following her admission to residential aged care.

The legal issues before the Tribunal were twofold: first, to determine the Applicant's correct classification for aged pension assessment, specifically whether she was to be considered a member of a couple (illness separated) or a single person for social security purposes; and second, to ascertain the operative date for any such assessment. The Applicant contended that she should have been assessed as living separate and apart from her husband from an earlier date than that determined by Centrelink.

The Tribunal found that there was no reviewable decision currently before it. Pursuant to section 42A(4) of the *Administrative Appeals Tribunal Act 1975*, the application for review was dismissed.