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Post by scuzzy on Jun 26, 2012 14:50:12 GMT 7
I like to read the amendment to the Act when people were grandfathered and see just what it said. I probably said something about being out of the country when the amendment became law. I'll have a look later unless someone beats me to it. Here's what the 'Guide to Social Security Law' has to say; (When you read this, bear in mind that you were eligible for unlimited portability prior to 2004 if you were classified as severerly disabled '20 points'. Also, 'resumed residence' means either telling Centrelink you were resuming residence or you stayed back in Australia for more than 26 weeks in one visit.)DSP savings provisions introduced on 1 July 2004DSP recipients who were outside Australia immediately before 1 July 2004 with unlimited portability may keep that unlimited portability for any departure on or after 1 July 2004 providing they have not returned to Australia for permanent residence.
If these recipients return temporarily, they will not be entitled to ancillary payments such as RA and PhA, or entitled to a concession card. This is because they are not Australian residents. If a recipient chooses to resume Australian residency (and therefore entitlements to ancillary payments, e.g. concession cards), then they will lose the savings provision and any new absence will be under the new rules.
If DSP recipients continue to be payable indefinitely under this savings provision, they will retain their previous proportional rate exemptions and rules (including pre 20 September 2000 rules if applicable).
www.fahcsia.gov.au/guides_acts/ssg/ssguide-7/ssguide-7.1/ssguide-7.1.1/ssguide-7.1.1.10.htmlIt gets even more confusing if you weigh the year 2000 grandfathering into the mix.
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Post by carvets on Jun 26, 2012 14:57:24 GMT 7
You know, i just cant remember when i was placed onto the DSP, but im pretty sure it was just after they changed it to 13 weeks, because i remember lamenting that i had just missed out. i think it was by only 6 months or so. I have made about 9, 3 month trips OS and while i have always read my online payment notifications i cant ever remember seeing one giving me a forecast of my next 3 payments,....so i dont know WTF is going on.
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Post by peter on Jun 26, 2012 16:31:20 GMT 7
nofixedaddress mentions that his first trip out was May 2011.
He was told that the law had changed on 1-1-2012.
Then he was put on a rate that is the non resident rate.
But a newly non resident DSP would have a rate of zero, since they would not be eligible.
After nfd another case pops up different reduction date.
The one thing in common is both are returning from overseas absences and then the reduction seems to start.
What was the change in the law that was said to have happened on 1-1-2012?
There is no direct change to portability on that date, the date for the change being 1-07-2012.
But I do recall some other thing changing with a date of 1-1-2012, but I paid no attention cause it did not seem to be a significant change. I cannot find or recall it now but if I recall it was to do with assessment changes...........but that has no relationship to residency.
Residency provisions are unchanged.
In nfd's case I can see a three month or six month pattern. He left 20-11-2011 returned and turned around same day 21-2-2012 and returned 16-5-12.
Pension card was cancelled 21-5-2012 which is three months from second departure or six months from first departure.
But DSP was not cancelled but it was reduced to this strange permanently out of country rate.
The only way this could happen is if something changed on 1-1-2012 that said;
" new trips out of Australia from 1-1-2012 will be valid for payments at full rate for 13 weeks, and payments will be reduced to out of country rate thereafter regardless of where you are."
George Orwell's dreams do not yet have complete control and no such legislation exists.
But within the beehive 1-1-2012 seems to have some significance.
What changed on 1-1-2012?
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Post by Deleted on Jun 26, 2012 17:10:19 GMT 7
You know, i just cant remember when i was placed onto the DSP, but im pretty sure it was just after they changed it to 13 weeks, because i remember lamenting that i had just missed out. i think it was by only 6 months or so. I have made about 9, 3 month trips OS and while i have always read my online payment notifications i cant ever remember seeing one giving me a forecast of my next 3 payments,....so i dont know WTF is going on. You will find your date you started DSP on the front of your Pensioner Concession Card on the Bottom
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Post by anotherdsp on Jun 26, 2012 17:47:38 GMT 7
to bedwin my start date changes??
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Post by scuzzy on Jun 26, 2012 18:18:38 GMT 7
nofixedaddress mentions that his first trip out was May 2011. He was told that the law had changed on 1-1-2012. Then he was put on a rate that is the non resident rate. But a newly non resident DSP would have a rate of zero, since they would not be eligible. After nfd another case pops up different reduction date. The one thing in common is both are returning from overseas absences and then the reduction seems to start. What was the change in the law that was said to have happened on 1-1-2012? There is no direct change to portability on that date, the date for the change being 1-07-2012. But I do recall some other thing changing with a date of 1-1-2012, but I paid no attention cause it did not seem to be a significant change. I cannot find or recall it now but if I recall it was to do with assessment changes...........but that has no relationship to residency. Residency provisions are unchanged. In nfd's case I can see a three month or six month pattern. He left 20-11-2011 returned and turned around same day 21-2-2012 and returned 16-5-12. Pension card was cancelled 21-5-2012 which is three months from second departure or six months from first departure. But DSP was not cancelled but it was reduced to this strange permanently out of country rate. The only way this could happen is if something changed on 1-1-2012 that said; " new trips out of Australia from 1-1-2012 will be valid for payments at full rate for 13 weeks, and payments will be reduced to out of country rate thereafter regardless of where you are." George Orwell's dreams do not yet have complete control and no such legislation exists. But within the beehive 1-1-2012 seems to have some significance. What changed on 1-1-2012? The new impairment tables are the only thing I can think of that came into effect starting 1-1-2012, but that wouldn't have had any bearing on anything.
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Post by peter on Jun 26, 2012 19:07:09 GMT 7
Yes, it was the impairment table as I recall now and I did not read it cause I was not interested in the details but I noticed the date. This is very strange. Something has programmed that big computer they got, to send out these two identical reductions.
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Post by peter on Jun 27, 2012 11:30:45 GMT 7
I see under the Topic Heading of .......Extra Payment Starts Today...............that nofixedaddress commented that the reduction of Pension Supplement was because they had adjusted his status to married status.
So there was no change to Social Security Law, but simply a reclassification of his status under that law.
Pension Card would also have been adjusted.
I wonder if Carvets also got married?
Ah, marriage is such a wonderful thing that it changes everything.
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Post by Banjo on Jun 27, 2012 12:02:23 GMT 7
I tried it once, I suppose it would appeal to some people.
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Post by carvets on Jun 27, 2012 13:59:43 GMT 7
I see under the Topic Heading of .......Extra Payment Starts Today...............that nofixedaddress commented that the reduction of Pension Supplement was because they had adjusted his status to married status. So there was no change to Social Security Law, but simply a reclassification of his status under that law. Pension Card would also have been adjusted. I wonder if Carvets also got married? Ah, marriage is such a wonderful thing that it changes everything. No single single single . never married or declared de facto .
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Post by Banjo on Jun 27, 2012 14:14:51 GMT 7
Saving yourself for Ms Right eh?
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Post by carvets on Jun 27, 2012 15:51:50 GMT 7
Saving yourself for Ms Right eh? Actually shes right here doing my laundry and preparing dinner,.....i just cant afford to keep her,....daaaaaaang !!!!! Well not in Australia anways.
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Post by peter on Jun 27, 2012 18:11:37 GMT 7
The wise man who wants to remain compliant with Centrelink rules must never forget to remind them to go home in the morning because if he forgets to do so too often, his payments might reduce.
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Post by wbmania72 on Jul 25, 2012 12:03:51 GMT 7
we,ve returned back to OZ today and first thing was calling C/L international to ask for forms. she told me that we need to assess by the new laws and once we apply and cancel it for any reason there is no second chance to reapply. who gives a !@#$%. we going all the way. but as i like to do my homework properly BEFORE putting our application in... what would be the other eligibility criteria for residency other than owning a half unpaid house? a car on your name?perhaps a phone or water bill?
She said you only have one chance to apply? I wonder where she dug that one up from?
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Post by anotherdsp on Jul 25, 2012 13:52:05 GMT 7
to wbmania, yes they all would help mate
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