White and Secretary, Department of Social Services (Social services second review)

This matter concerned an application for review of a decision by an authorised review officer, which affirmed a delegate's decision not to disregard the value of the Applicant's principal home from her aged care means test assessment under the Aged Care Act 1997. The Applicant, through her daughter Ms Trudy White acting under power of attorney, contended that the value of her home should have been exempt from assessment. The Respondent, the Secretary of the Department of Social Services, was represented by Ms Maleah Underhill.

The central legal issue was whether the Applicant's principal home was exempt from asset assessment under section 44-26A(6)(b)(i) of the Act. This exemption applies if a carer occupied the home for at least two years prior to the assessment date. The Applicant argued that Ms White, who provided care and resided at the home, met this two-year occupation requirement. The Respondent did not dispute that Ms White was a carer, but the point of contention was the duration of her occupation of the Applicant's principal home.

The Tribunal considered the legislative provisions, specifically section 44-26A(6)(b)(i), which requires a carer to have occupied the home for the past two years for its value to be disregarded. The agreed facts established that the Applicant resided at House 90 from 14 August 2015 until 12 April 2017, and Ms White resided there as a carer for the Applicant during the same period. The assessment date was 24 February 2017. The Tribunal found that Ms White's occupation of House 90 as a carer commenced on 14 August 2015 and concluded on 12 April 2017. This period of occupation was less than the two years required by the Act. The Tribunal also noted that while Ms White might be considered a "close relation" under section 44-26A(6)(c), that provision requires a five-year occupation period, which was also not met.

The Tribunal affirmed the decision of the authorised review officer. The value of the Applicant's principal home was therefore included in the asset assessment for the purpose of calculating her residential care subsidy.