Vincent and Secretary, Department of Health (Social services)

Ms Vincent, acting on behalf of her father, Mr Vincent, sought review of a decision concerning the assessment of aged care fees. The dispute centred on whether a particular asset, the Paradise Point Property, should be disregarded when calculating Mr Vincent's assets for the purposes of his residential aged care fees. The matter was before the Tribunal.

The legal issues before the Tribunal were whether the Paradise Point Property should be disregarded as an asset for the purposes of Mr Vincent's aged care fee assessment, and consequently, whether the decision to include it in the asset assessment was correct. This involved considering the application of relevant provisions of the Act, specifically section 44-26A(6)(c), and whether it applied to Mr Vincent's circumstances.

The Tribunal acknowledged Ms Vincent's explanation that she and her mother decided to downsize after her father went into care, finding the previous property run down. Ms Vincent stated she contacted My Aged Care for advice before purchasing the Paradise Point Property and was assured it would have no impact on her parents' financial situation. However, the Tribunal noted there was no record of this conversation. Crucially, the Tribunal found that section 44-26A(6)(c) of the Act did not apply to Mr Vincent's circumstances because he had not occupied the Paradise Point Property for the past five years. As the Act provided no discretion, the value of the Paradise Point Property was required to be taken into account in determining Mr Vincent's assets for his aged care fees.

The Tribunal affirmed the decision under review. While acknowledging Ms Vincent's frustration and disappointment, particularly regarding the advice she believed she received from My Aged Care, the Tribunal concluded that the Paradise Point Property's value must be included in the asset assessment. Ms Vincent was advised that she might consider lodging a complaint with the Department of Veterans' Affairs and My Aged Care if she believed she suffered detriment due to reliance on advice received.