Thompson and Secretary, Department of Health (Social services)

This matter concerned an appeal by Mrs Thompson against a decision made by the Secretary, Department of Health, to assess the rental income from her former principal home for her aged care means-tested fee. The dispute centred on whether Mrs Thompson entered permanent residential aged care before 1 January 2016, which would have exempted her former home from this assessment. The Tribunal was required to determine the correct interpretation of the relevant provisions of the Aged Care Act and Subsidy Principles concerning entry into residential care and the concept of "pre-entry leave."

The Tribunal considered whether Mrs Thompson had entered permanent residential care prior to 1 January 2016 and whether the decision to assess her former home's rental income from that date was correct. Undisputed facts indicated that Mrs Thompson needed to enter permanent care in November 2015 and did so on a temporary basis, initially in a "respite bed." She later transferred to another respite bed and then, on 5 January 2016, accepted an offer for a "permanent bed" at a different facility, commencing permanent residential care on 6 January 2016.

The Tribunal reasoned that the phrase "making arrangements to enter an aged care service" was a plain language translation of the statutory "pre-entry leave" requirements and not a separate condition. It found that Mrs Thompson did not meet the statutory requirements for pre-entry leave as defined in the Aged Care Act, as these events occurred after 1 January 2016. Consequently, the Tribunal was satisfied that Mrs Thompson did not enter permanent residential care until after 1 January 2016, meaning the decision to assess the rental income from her former principal home for her aged care means-tested fee from that date was correct. The decision under review was affirmed.