|
Post by Banjo on Dec 31, 2012 12:03:54 GMT 7
Six months is not stated as the time abroad to be considered a non resident, but it will sort of become a rule of thumb for practical purposes. It really only applies in practice to OAPs since no other group are now allowed out with benefits for longer than six weeks. For OAPs at six months out they discontinue the rent allowance.............so that shows as far as the system is concerned, the system has decided that you have changed your place of residence. The other catch is in the statement concerning the OAP that "if you are away longer than six months your rate of payment may be changed". That translates as they will apply the 25 year AWLR rule to a person for full payment and on 1-1-14 it becomes a 35 year AWLR rule. The Pension Supplement automatically reduces at six weeks out. Residency no longer matters much. The six week rule sets the limit, and for OAP its the six month rule. So everybody has now got new Rulers...............but at least the rules are simple. For people with family responsibilities, Australia is the place to be as family benefits apply only here and not elsewhere. For single OAPs, its a toss up, because once out it is for many a bridge burning, cause it will not be easy for cultural and financial reasons to return. And to keep a foot in both camps means keeping somewhere to return to, and if that is rent assisted accommodation, that means a return every six months, plus payments in your absence. Not cheap but worth considering.................more so if one needs to retain Medicare. Are you suggesting that people will be allowed unlimited 6 week portability periods? We went on for years thinking that we could come and go as we liked for 13 weeks then everyone started losing their residency, and that was before the goalposts moved last year, 1/1/12. Why would they have made residency tighter then and then not enforce it, even if the portability was reduced?
|
|
|
Post by peter on Dec 31, 2012 15:26:25 GMT 7
Prior to 1/1/12............(or was it 1-7-11? The new assessment tables came in on 1/1/12) once one was granted a DSP its continued payment was not connected to Australian residency.
The Australian residency was required to obtain it, but not to maintain it. All that was required to maintain it was a presence in Australia on a cycle basis not exceeding thirteen weeks
Then two changes happened. On 1/1/12 its continued payment required an Australian residency. And on the 1/1/13 it is payable during temporary absences not exceeding six weeks.
So to continue receiving DSP one must now be a permanent resident, which allows one a lot of overseas travel if one wishes, provided that does not break the permanent residence, but the DSP will be payable only for the first six weeks of any absence.
Should those absences go beyond temporary, which could be taken to mean that one had permanently transferred outside of Australia, then one would become a non resident and ineligble for DSP.
One's permanent place of residence is evidenced by where he spends most of his time, where his occupation is, where his wife and family are, and where his permanent residence is.
So, if most of the above are demonstrably within Australia, then one could have quite a few six weeks overseas trips without affecting one's eligibility.
But stretch those trips too far in duration and specific location, then that would show that one is approaching non Australian residential status.
If one went to a different place..........country each time..............then it would be unlikely that such a wanderer could be said to have changed his permanent residence. But where a person goes to the same place to see the same people, especially a wife and family then he would be on those facts, much more likely to be declared "non resident" .
The Tax Act defines Australian residence (or it did) as six months and a day within Australia.
Social Security Act defines it on "weight of evidence".
|
|
|
Post by peter on Dec 31, 2012 15:31:23 GMT 7
I just checked it and it was July 1st 2011 that DSP was made conditional upon Australian residence, but Centrelink delayed that introduction until Jan 1st, 2012.
|
|
|
Post by Denis-NFA on Dec 31, 2012 16:21:40 GMT 7
thanks peter... i know you have given a lot of thought to the whole schemozzle...
i appreciate your thoughts.
|
|
free
Full Member
Posts: 15
|
Post by free on Dec 31, 2012 22:55:23 GMT 7
Six months is not stated as the time abroad to be considered a non resident, but it will sort of become a rule of thumb for practical purposes. It really only applies in practice to OAPs since no other group are now allowed out with benefits for longer than six weeks. For OAPs at six months out they discontinue the rent allowance.............so that shows as far as the system is concerned, the system has decided that you have changed your place of residence. The other catch is in the statement concerning the OAP that "if you are away longer than six months your rate of payment may be changed". That translates as they will apply the 25 year AWLR rule to a person for full payment and on 1-1-14 it becomes a 35 year AWLR rule. The Pension Supplement automatically reduces at six weeks out. Residency no longer matters much. The six week rule sets the limit, and for OAP its the six month rule. So everybody has now got new Rulers...............but at least the rules are simple. For people with family responsibilities, Australia is the place to be as family benefits apply only here and not elsewhere. For single OAPs, its a toss up, because once out it is for many a bridge burning, cause it will not be easy for cultural and financial reasons to return. And to keep a foot in both camps means keeping somewhere to return to, and if that is rent assisted accommodation, that means a return every six months, plus payments in your absence. Not cheap but worth considering.................more so if one needs to retain Medicare. I understand, according to the law, from today, all payments will be cut off at 6 weeks, with the 2 exceptions of the OAP base payment and DSP for severely and permanently disabled. This includes Pension Supplement and Rent Assistance, and any other payment, for Old Age Pensioners. Correct me if I am wrong.
|
|
|
Post by Banjo on Jan 1, 2013 4:25:32 GMT 7
Peter said.
One's permanent place of residence is evidenced by where he spends most of his time, where his occupation is, where his wife and family are, and where his permanent residence is.
Aye, there's the rub.... where he spends most of his time will be the one ring to rule them all, trust me.
Up to October last year I had spent about 9 weeks out of Australia. I asked for 13 weeks in early October and they pointed out I would be risking my residency but then "allowed it".
22 weeks out of 52 in 2012.
I've strengthened my residency here, I now have about 6 months t go to the OAP.... do I risk a couple of 6 weekers and take the chance they cut my residency off the week before I'm eligible for the OAP? Would they do that to me? Sure they would..... ;D
|
|
|
Post by peter on Jan 1, 2013 10:37:40 GMT 7
Banjo, if I were you, with six months to go, I would just sit quietly in the back of the classroom on good behaviour,until exam time for OAP arrived and that bar was passed.
In answer to free;
As from today, the only groups allowed unlimited portability are OAP"s and Certified DSP's.
In both cases rent allowance is payable for six months of any "temporary absence".
Pension Supplement is presently a total of $60.60 per fortnight.
Basic Supplement $21.60
Cost Of Living Supplement $49.50
The full supplement is paid for the first six weeks of absence, the Basic Supplement thereafter indefinitely.
|
|
|
Post by zorro1 on Jan 1, 2013 11:05:40 GMT 7
|
|
|
Post by Banjo on Jan 1, 2013 12:41:11 GMT 7
If you have genuine ties to Australia it would be more than worth while to come back every 6 months to keep the supplement. I'd see it as Centrelink finally paying me a bit extra for my travel.
Peter, what you say about pulling my head in for six months is certainly the commonsense thing to do... but will this make the rules right? Will it make them fair and a genuine extension of what the legislation is meant to be?
I spent 2 years demanding that the minimum time in a year spent in Australia to maintain residency be written into the the legislation, or even the rules... the Guide to social Security Law that they claim is the same as the Act. Have they done that? No. F#ck 'em.
|
|
|
Post by Denis-NFA on Jan 1, 2013 13:09:31 GMT 7
Banjo, excuse me please
If you persist with that sort of talk I think I will have to report you to the Controlling Board members.... hahahahahahahahaha ;D
|
|
|
Post by Banjo on Jan 1, 2013 15:08:17 GMT 7
Too bad, I think bankers on holiday... While the cats away......
|
|
|
Post by ghostbuster on Jan 1, 2013 18:57:24 GMT 7
Banjo trusting them is like trusting a fox in chicken house lol.....
|
|