Post by Banjo on Dec 11, 2012 11:08:18 GMT 7
This is their new fact sheet on portability.
www.wrcqld.org.au/docs/former-resident-factsheet-final.pdf
I've converted it to Word from the PDF but forgive me for any errors.
WR_FactSheet_Page1_bottomsection.jpg
Indefinite Portability of Pensions and Former Residents
This information is for people who want to live
overseas and receive a social security pension.
I’ve been living overseas and I want to
come back and claim a Centrelink
payment but I’ve been told that I may not
be able to be paid straight away. Why?
To qualify for most social security payments it
needs to be that you are an “Australian resident”
according to the definition set out in section 7(2) of
the Social Security Act.
It is not enough to be an Australian citizen, a
permanent resident or a “protected Special
Category Visa holder” (see the Social Security
payments for New Zealand citizens living in
Australia factsheet*) – you also need to “reside in
Australia”.
To make a decision about whether you currently
“reside in Australia” Centrelink must consider the
following:
1. The frequency and duration of your travel
outside Australia.
2. The nature of the accommodation used by
you in Australia.
3. The nature and extent of the family
relationships you have in Australia.
4. The nature and extent of your employment,
business or financial ties in Australia.
5. The nature and extent of your assets located
in Australia.
6. Any other matter relevant to determining
whether you intend to remain permanently
in Australia.
This decision should be made based on all the
available evidence and no single factor is conclusive
on its own. But in the majority of cases the most
weight should be given to the length of time spent
in Australia.
If you’ve been out of Australia for some time, you
may need to take some steps to satisfy Centrelink
that your intention is to remain in Australia – e.g.
signing a lease, opening a bank account or buying a
car. Similarly steps you have taken to break your
ties overseas such as evidence that you had sold
property (house, furniture, car etc.), quit your job or
cancelled any other contracts (e.g. a lease or mobile
phone contract) can also help. This may take some
time. You should not assume that you will be
residentially qualified for payment immediately on
your return to Australia.
n.b. Different residency requirements apply
in respect of Family Tax Benefit and other
family payments, Special Benefit, payments
made under the “Special Rule” for non-
protected Special Category Visa holders
and payments made under International
Social Security Agreements. Contact
Centrelink for more information.
I thought you could be paid Age Pension
outside of Australia for as long as you
like but Centrelink say that I won’t be
able to be paid outside Australia at all if I
leave again within two years.
If Centrelink make a decision that you have ceased
to “reside” in Australia, then once you have
recommenced “residing” in Australia you will not
be able to take your pension outside of Australia
within the following 24 months from the date you
are again granted a payment – this applies to Age
Pension, Disability Support Pension, Wife Pension,
Widow B Pension and Bereavement Allowance.
. The legislation allows no discretion to grant
portability of pensions during the first 24
months after having resumed “residing in
Australia”. It is possible to have your payment
suspended for short periods while you are
outside Australia so that you do not have to
reclaim on your return to Australia - your
payments can simply resume once you return.
You should note that even if you return to
Australia and “resume residing” after receiving Age
Pension overseas for years, there is a risk that
these provisions could prevent you from being paid
outside Australia again.
. Centrelink may take the view that you have
“resumed residing” in Australia and you
would have to continue “residing” in Australia
for 2 years before having indefinite portability
of your payment. However, if you can show
that you only returned to Australia for a visit
and never intended to permanently return
then the rules would not apply to you.
. These provisions do not apply to people who
qualify for payment under an International
Social Security Agreement.
If you disagree with Centrelink’s decision to find that
you ceased “residing” in Australia and you were able
to successfully appeal that decision then these
provisions would not apply to you.
These provisions do not apply to people who are
eligible for financial assistance under the Medical
Treatment Overseas Program, or to people who need
to accompany someone who does.
I need to return to Australia to claim a
pension and then I’m going to leave again
as soon as I can.
Some people who have been living overseas may
wish to return to Australia to claim a pension with
unlimited portability with a view to taking it overseas
with them again.
. You should be aware that a new claim for
such a pension can only be successful where
on the evidence available there is a clear
intention to remain permanently in Australia.
. If Centrelink believe that you only intend to
return Australia for a 24 month period then
they will not be able to find that you “reside
in Australia” and will not be able to grant you
payment.
. Even if you convince Centrelink and are
granted Age Pension you will have it
cancelled if you leave within 2 years of being
granted (see above).
I live outside Australia and I get Disability
Support Pension paid to me under the new
indefinite portability rules. Will I have to
return to Australia to claim Age Pension?
You can continue to receive Disability Support
Pension after you reach Age Pension age if you are
already on this payment. The basic rate of Disability
Support Pension is the same as Age Pension. You
can read more about choosing whether to stay on
Disability Support Pension or claiming Age Pension
once you reach Age Pension Age in the Age Pension
factsheet*. You may be able to transfer from
Disability Support Pension to Age Pension without
making a claim by calling Centrelink.
Centrelink said that after 26 weeks
outside the country my rate of Age
Pension will go down.
If, in the years between your 16th birthday and
reaching Age Pension age, you lived in Australia for
less than 25 years then your payment will be
“proportionalised” and you may receive less than the
maximum rate.
As a general rule you will be paid a proportion of
Age Pension that reflects the number of years you
lived in Australia between 16 and Age Pension age.
There are some specific exemptions to proportional
portability rules.
You should note that supplementary payments like
Rent Assistance and Pension Supplement can only
be paid outside Australia for up to 13 weeks where
you absence is temporary but if you leave Australia
to live overseas permanently your will stop getting
these payments straight away.
I’m returning to Australia and my partner
is coming with me. Will they be able to get
a Centrelink payment as soon as they get
permanent residency?
You should read the Newly Arrived Residents and
Social Security factsheet*. Some spousal visas are
not considered to be permanent visas and you
should make relevant enquiries.
I have a partner that lives with me
overseas…
If Centrelink make a decision that you are a
“member of a couple”, then you will receive a lower,
“partnered” base rate of payment and your partner’s
WR_FactSheet_Page1_bottomsection.jpg
WR_FactSheet_Page2_topsection.jpg
Please note:
This Fact Sheet contains general information
only. It does not constitute legal advice. If
you need legal advice please contact the
Welfare Rights Centre on 3421 2510 or 1800
358 511.
The Welfare Rights Centre is a community
legal centre, which provides specialist
advocacy and legal services in Social
Security law, administration and policy. We
are independent of Centrelink. All assistance
is free.
This Fact Sheet was updated in Nov 2012.
www.wrcqld.org.au
income and assets will be taken into account when
calculating your payment (see the Member of Couple
of Single? factsheet*).
. If there is a special reason that places you in
financial hardship (for example, you are
returning to Australia and your partner is
unable to accompany you and they have
insufficient financial resources to provide you
with any financial support) then you can
request that Centrelink consider exercising a
discretion found under section 24 of the
Social Security Act to treat you as a single
person because there is a special reason to
do so.
. The section 24 discretion is not exercised
regularly but you have a right to request that
Centrelink consider whether they can.
. If the answer is no you have a right to
appeal to an Authorised Review Officer. You
should appeal within 13 weeks of receiving
notice of Centrelink’s decision in order to
protect your rights to full back pay if your
appeal is successful.
. Using the section 24 discretion is considered
a last resort – Centrelink will want you to
investigate all other options for support
before will consider exercising this discretion.
Centrelink will be very reluctant to exercise
the discretion if they take the view that you
have placed yourself in hardship.
*All of the factsheets referred to in this factsheet are
available at our website.
www.wrcqld.org.au/docs/former-resident-factsheet-final.pdf
I've converted it to Word from the PDF but forgive me for any errors.
WR_FactSheet_Page1_bottomsection.jpg
Indefinite Portability of Pensions and Former Residents
This information is for people who want to live
overseas and receive a social security pension.
I’ve been living overseas and I want to
come back and claim a Centrelink
payment but I’ve been told that I may not
be able to be paid straight away. Why?
To qualify for most social security payments it
needs to be that you are an “Australian resident”
according to the definition set out in section 7(2) of
the Social Security Act.
It is not enough to be an Australian citizen, a
permanent resident or a “protected Special
Category Visa holder” (see the Social Security
payments for New Zealand citizens living in
Australia factsheet*) – you also need to “reside in
Australia”.
To make a decision about whether you currently
“reside in Australia” Centrelink must consider the
following:
1. The frequency and duration of your travel
outside Australia.
2. The nature of the accommodation used by
you in Australia.
3. The nature and extent of the family
relationships you have in Australia.
4. The nature and extent of your employment,
business or financial ties in Australia.
5. The nature and extent of your assets located
in Australia.
6. Any other matter relevant to determining
whether you intend to remain permanently
in Australia.
This decision should be made based on all the
available evidence and no single factor is conclusive
on its own. But in the majority of cases the most
weight should be given to the length of time spent
in Australia.
If you’ve been out of Australia for some time, you
may need to take some steps to satisfy Centrelink
that your intention is to remain in Australia – e.g.
signing a lease, opening a bank account or buying a
car. Similarly steps you have taken to break your
ties overseas such as evidence that you had sold
property (house, furniture, car etc.), quit your job or
cancelled any other contracts (e.g. a lease or mobile
phone contract) can also help. This may take some
time. You should not assume that you will be
residentially qualified for payment immediately on
your return to Australia.
n.b. Different residency requirements apply
in respect of Family Tax Benefit and other
family payments, Special Benefit, payments
made under the “Special Rule” for non-
protected Special Category Visa holders
and payments made under International
Social Security Agreements. Contact
Centrelink for more information.
I thought you could be paid Age Pension
outside of Australia for as long as you
like but Centrelink say that I won’t be
able to be paid outside Australia at all if I
leave again within two years.
If Centrelink make a decision that you have ceased
to “reside” in Australia, then once you have
recommenced “residing” in Australia you will not
be able to take your pension outside of Australia
within the following 24 months from the date you
are again granted a payment – this applies to Age
Pension, Disability Support Pension, Wife Pension,
Widow B Pension and Bereavement Allowance.
. The legislation allows no discretion to grant
portability of pensions during the first 24
months after having resumed “residing in
Australia”. It is possible to have your payment
suspended for short periods while you are
outside Australia so that you do not have to
reclaim on your return to Australia - your
payments can simply resume once you return.
You should note that even if you return to
Australia and “resume residing” after receiving Age
Pension overseas for years, there is a risk that
these provisions could prevent you from being paid
outside Australia again.
. Centrelink may take the view that you have
“resumed residing” in Australia and you
would have to continue “residing” in Australia
for 2 years before having indefinite portability
of your payment. However, if you can show
that you only returned to Australia for a visit
and never intended to permanently return
then the rules would not apply to you.
. These provisions do not apply to people who
qualify for payment under an International
Social Security Agreement.
If you disagree with Centrelink’s decision to find that
you ceased “residing” in Australia and you were able
to successfully appeal that decision then these
provisions would not apply to you.
These provisions do not apply to people who are
eligible for financial assistance under the Medical
Treatment Overseas Program, or to people who need
to accompany someone who does.
I need to return to Australia to claim a
pension and then I’m going to leave again
as soon as I can.
Some people who have been living overseas may
wish to return to Australia to claim a pension with
unlimited portability with a view to taking it overseas
with them again.
. You should be aware that a new claim for
such a pension can only be successful where
on the evidence available there is a clear
intention to remain permanently in Australia.
. If Centrelink believe that you only intend to
return Australia for a 24 month period then
they will not be able to find that you “reside
in Australia” and will not be able to grant you
payment.
. Even if you convince Centrelink and are
granted Age Pension you will have it
cancelled if you leave within 2 years of being
granted (see above).
I live outside Australia and I get Disability
Support Pension paid to me under the new
indefinite portability rules. Will I have to
return to Australia to claim Age Pension?
You can continue to receive Disability Support
Pension after you reach Age Pension age if you are
already on this payment. The basic rate of Disability
Support Pension is the same as Age Pension. You
can read more about choosing whether to stay on
Disability Support Pension or claiming Age Pension
once you reach Age Pension Age in the Age Pension
factsheet*. You may be able to transfer from
Disability Support Pension to Age Pension without
making a claim by calling Centrelink.
Centrelink said that after 26 weeks
outside the country my rate of Age
Pension will go down.
If, in the years between your 16th birthday and
reaching Age Pension age, you lived in Australia for
less than 25 years then your payment will be
“proportionalised” and you may receive less than the
maximum rate.
As a general rule you will be paid a proportion of
Age Pension that reflects the number of years you
lived in Australia between 16 and Age Pension age.
There are some specific exemptions to proportional
portability rules.
You should note that supplementary payments like
Rent Assistance and Pension Supplement can only
be paid outside Australia for up to 13 weeks where
you absence is temporary but if you leave Australia
to live overseas permanently your will stop getting
these payments straight away.
I’m returning to Australia and my partner
is coming with me. Will they be able to get
a Centrelink payment as soon as they get
permanent residency?
You should read the Newly Arrived Residents and
Social Security factsheet*. Some spousal visas are
not considered to be permanent visas and you
should make relevant enquiries.
I have a partner that lives with me
overseas…
If Centrelink make a decision that you are a
“member of a couple”, then you will receive a lower,
“partnered” base rate of payment and your partner’s
WR_FactSheet_Page1_bottomsection.jpg
WR_FactSheet_Page2_topsection.jpg
Please note:
This Fact Sheet contains general information
only. It does not constitute legal advice. If
you need legal advice please contact the
Welfare Rights Centre on 3421 2510 or 1800
358 511.
The Welfare Rights Centre is a community
legal centre, which provides specialist
advocacy and legal services in Social
Security law, administration and policy. We
are independent of Centrelink. All assistance
is free.
This Fact Sheet was updated in Nov 2012.
www.wrcqld.org.au
income and assets will be taken into account when
calculating your payment (see the Member of Couple
of Single? factsheet*).
. If there is a special reason that places you in
financial hardship (for example, you are
returning to Australia and your partner is
unable to accompany you and they have
insufficient financial resources to provide you
with any financial support) then you can
request that Centrelink consider exercising a
discretion found under section 24 of the
Social Security Act to treat you as a single
person because there is a special reason to
do so.
. The section 24 discretion is not exercised
regularly but you have a right to request that
Centrelink consider whether they can.
. If the answer is no you have a right to
appeal to an Authorised Review Officer. You
should appeal within 13 weeks of receiving
notice of Centrelink’s decision in order to
protect your rights to full back pay if your
appeal is successful.
. Using the section 24 discretion is considered
a last resort – Centrelink will want you to
investigate all other options for support
before will consider exercising this discretion.
Centrelink will be very reluctant to exercise
the discretion if they take the view that you
have placed yourself in hardship.
*All of the factsheets referred to in this factsheet are
available at our website.