age pensioner marrying outside of Australia

[chrisnouy]

i am age pensioner and i recently recently married.
I told CL and received a 20 page form for wife to fill in
i ignored it as it seemed to apply to Australian residents
They then cut off pension and wont reinstate until they get the form
the guy at CL said they had to have it as i was now entitled to couples pension.
I cant see how they can pay a couples pension to a non Australian wife living outside of Australia
Anybody have any knowledge of the rules here

[Banjo]

I can virtual assure you that they won't pay your wife any pension but you are now entitled to half the couples allowance, considerably less than the single Age pension.
What they want to know is whether your wife is earning, her income will reduce your pension even further if she has any.
This is what the form is for, they want to know all about her regardless of whether she lives in Australia or not.
So fill in the form and send it in.
If you need any help get back to us and we'll try to point you in the right direction.

[chrisnouy]

Thanks you for your super prompt reply
I am stunned to think that my pension will be reduced as a result of marrying Has this happened before to your knowledge?

[Banjo]

Indeed, we have a member here by the name of Latindancer who was also somewhat disconcerted when Centrelink lowered his pension by about $250 a fortnight after he married an non-resident.

[latindancer]

"Somewhat disconcerted", indeed !

Are you in Australia NOW, Chris ? Or still overseas ? If O/S, have a look at some of my past posts (click on my name). I married in Thailand to a lady who makes AUD$ 90/week, and my Disability Pension was reduced by AUD $ 120/week......a massive 30%. That's $240 a fortnight !!
Now I'm back in Oz, without my wife (and receiving full single pension) , but I'm appealing in the Social Security Appeals Tribunal the decision to reduce my payment, to get backpaid and to ensure that when I go to see her again that I get full single pay.

[chrisnouy]

Latin Dancer Thanks for your reply
I spoke to CL today and got the same sort of response My wife was making $180 a month but is now pregnant and not working
i told them if they cut pension i couldnt support my wife and as yet unborn child but they dont seem to understand" irony" Do the right thing and be punished
I will apply for a temp/perm visa for my wife asap but if all elese fails will return to Oz to battle it out
Good luck I will look forward to hearing how you fare

[latindancer]

It's all got to do with Section 24 of the Social Security Act and getting an exemption from being treated as a couple, due to the fact that I was overseas and she wasn't earning enough for it to worry my pension. In cases like this the legislation states you can ask for an exemption. I'm going to the SSAT soon (in 2 1/2 weeks or so), and will report the result.

[rowdy]

Apr 24, 2012 16:23:02 GMT 7 latindancer said:

It's all got to do with Section 24 of the Social Security Act and getting an exemption from being treated as a couple, due to the fact that I was overseas and she wasn't earning enough for it to worry my pension. In cases like this the legislation states you can ask for an exemption. I'm going to the SSAT soon (in 2 1/2 weeks or so), and will report the result.

LD all the best at the SSAT. Here is the link to a recent case in the AAT where section 24 was the issue:

Burkett and Secretary, Department of Families, Housing, Community Services and Indigenous Affairs
www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/AATA/2012/131.html?stem=0&synonyms=0&query=section%20and%2024%20and%20married

[chrisnouy]

Latin dancer I suggest you look at cocks vs centrelink 2000 federal court of australia--might help

[macadamianut]

How did all this work out for you people?