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Post by ronald55 on Apr 13, 2010 13:26:02 GMT 7
Lemons,I read that you spent less than 40 days in Australia over a 2 year period. Did they give any indication what they would regard as an exceptable amount of time in country over a given period?
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Post by Banjo on Apr 13, 2010 14:40:45 GMT 7
Thanks lemons, and a good summation richoz. The threat that if you appealed they would up the ante was used on me as well. I'm currently paying back pension paid on overstays back to 2004, if I'd appealed they said they would take it back to 1998, the year I went on the DSP.
It appears that there is a clause that says we must inform Centrelink 6 weeks before we travel overseas. I've never had this enforced and on occasion left the country a couple of days after informing them.
Lemon, you're now not receiving any pension at all? Were you told you could apply for NewStart?
Personally I'm well over 40 days in Australia for the LAST two years. I report back Friday week, the 23rd and will discuss returning to Asia with the interviewing officer that day. If there's a problem, I'll not leave until I have guarantees regarding residency and my pension.
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Post by richoz on Apr 13, 2010 15:47:15 GMT 7
Thanks lemons, and a good summation richoz. The threat that if you appealed they would up the ante was used on me as well. I'm currently paying back pension paid on overstays back to 2004, if I'd appealed they said they would take it back to 1998, the year I went on the DSP. It appears that there is a clause that says we must inform Centrelink 6 weeks before we travel overseas. I've never had this enforced and on occasion left the country a couple of days after informing them. Lemon, you're now not receiving any pension at all? Were you told you could apply for NewStart? Personally I'm well over 40 days in Australia for the LAST two years. I report back Friday week, the 23rd and will discuss returning to Asia with the interviewing officer that day. If there's a problem, I'll not leave until I have guarantees regarding residency and my pension. Banjo, you mentioned 'interviewing officer'. Are you subject to an interview when you go back to Australia? I have only ever called them on the phone to tell them that I am leaving Australia on whatever date. Once or twice I have even forgotten. I note the persons name and get a receipt number for the call. They usually ask me what day I am returning, to which my honest answer always is, "I am not sure of my exact date yet", to which they have always replied, "you must be back in Australia by the xx/xx/xx - 13 weeks". As for the informing Centrelink 6 weeks prior .... here we go again, let me guess Centrelink policy. Oh brother.
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Post by lemons on Apr 13, 2010 16:15:31 GMT 7
Lemons,I read that you spent less than 40 days in Australia over a 2 year period. Did they give any indication what they would regard as an exceptable amount of time in country over a given period? No, they didn't. It was one of those questions I remembered I should have asked ... a couple of hours after leaving the office. It was all kind of dumped me when I sat down with the officer. Banjo Lemon, you're now not receiving any pension at all? Were you told you could apply for NewStart? Nope wasn't mentioned. All I was told was that their reasons for their decision + my rights of appeal would all be in a letter sent to me. (That was last Thursday and as of today - Tuesday, nothing has arrived).
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Post by Banjo on Apr 13, 2010 16:17:15 GMT 7
To richoz The phone call is classed as an interview. Last time I went in to the office they actually rang the overseas department for me and gave me the phone. I avoid the phone whenever I can with C'link, I had a speech impediment when I was a kid and it reoccurs at times of stress... any time I'm talking to C'link on the phone naturally. That way you can put names to faces. I wonder what would happen if we booked on a "no refund" airline like Tiger and were refused permission to leave? I think this time I'll pick a date and tell them then try to book on that date.
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Post by Banjo on Apr 13, 2010 16:25:30 GMT 7
lemons... Do you want to ring Welfare Rights on this? They may be able to represent you at the appeal? They have offices in every state. www.welfarerights.org.au/pages/centre.aspxYou could do it cheaply from an internet cafe, or send them an email.
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Post by lemons on Apr 13, 2010 17:35:35 GMT 7
lemons... Do you want to ring Welfare Rights on this? They may be able to represent you at the appeal? They have offices in every state. www.welfarerights.org.au/pages/centre.aspxYou could do it cheaply from an internet cafe, or send them an email. Thanks mate. I emailed them today seeking their help. Hopefully they can offer some assistance - even if they can secure me the right to put in a written appeal. I'd even sign up for a phone hookup with the interviewing officer - though I doubt C/link would cop that. Strangely enough, today I looked at my bank account and there was the normal f/nightly deposit from C/link! I daren't spend it as it seems inevitable I'll have to repay it at some stage. Odd lot aren't they.
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Post by Banjo on Apr 13, 2010 18:07:21 GMT 7
Spend it! Pay it back at 10 bucks a week. I've just had a funny thought, I'll start a new thread... Private Income and the DSP
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Post by rodcourt49 on Apr 15, 2010 16:33:30 GMT 7
Hi all. I travel back to Australia regularly (3 months or 13 weeks is my reporting condition..may as well call it 'parole' and be done with it)..each time I call them up from the airport advising I am back in Australai. Whilst on the phone they check me against the Immigration Data Base entry..I then give them my next departure date and the projected date of return in another 13+ weeks..either same day out or following day..they prefer a break as their computing system doesn't recognise the same date in and out of Australia..however, saying that, one more astute operator at International Services says it can be done and is no dramas..just has to manually input to their system..so when it suits me I fly-in/out same day..so I'm one of the 'dirty 8' who spend less than one week per year back in Australia..why would I want to spend more time than is absolutely necessary! (as you know, there is a clause in the papers they mail out..requesting a DSP give them 6 weeks notice of their intending departure from Australia..I do this on my entry so I comply should they tighten this as well). I did contact Jenny MACKLIN'S Office last year and blatantly requested that I be permitted to Check-in each 13 weeks at the Australian Embassy in Bangkok..seeing it is classed as Australian soil I thought it worth a shot..only to be told that the embassy was not a Govt Dept and I would physically have to return to Australia each 13 weeks..they also added that the DSP was not designed for us to live overseas..in fact only to allow us extra time up to 13 weeks maximum to return. (I'm using my case of 13 weeks where others are 6 months and some before have not been required to ever return..it is grandfathered and according to this last Media Release from Jenny Mack's Office..the amendments in 2001 and 2004 refer to those dates when the reporting condition altered ie in 2005 from 6 months to 3 months, when the Media Release is read in conjunction with the Social Security Act 1991. So it maybe that those 'newbie' DSP as of whatever date..probably Jan 2011..will not be permitted to reside overseas and receive the DSP. (Centrelink this week advised me that they had no instructions from Jenny Macklin's Office and to watch her Media Releases for any changes). I feel appreciative that Centrelink are helping me through a tough period in my life..so I must obey their instructions. ..Just my two bobs worth.. ROD.
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Post by richoz on Apr 15, 2010 16:47:57 GMT 7
Hi all. I travel back to Australia regularly (3 months or 13 weeks is my reporting condition..may as well call it 'parole' and be done with it)..each time I call them up from the airport advising I am back in Australai. Whilst on the phone they check me against the Immigration Data Base entry..I then give them my next departure date and the projected date of return in another 13+ weeks..either same day out or following day..they prefer a break as their computing system doesn't recognise the same date in and out of Australia..however, saying that, one more astute operator at International Services says it can be done and is no dramas..just has to manually input to their system..so when it suits me I fly-in/out same day..so I'm one of the 'dirty 8' who spend less than one week per year back in Australia..why would I want to spend more time than is absolutely necessary! (as you know, there is a clause in the papers they mail out..requesting a DSP give them 6 weeks notice of their intending departure from Australia..I do this on my entry so I comply should they tighten this as well). I did contact Jenny MACKLIN'S Office last year and blatantly requested that I be permitted to Check-in each 13 weeks at the Australian Embassy in Bangkok..seeing it is classed as Australian soil I thought it worth a shot..only to be told that the embassy was not a Govt Dept and I would physically have to return to Australia each 13 weeks..they also added that the DSP was not designed for us to live overseas..in fact only to allow us extra time up to 13 weeks maximum to return. (I'm using my case of 13 weeks where others are 6 months and some before have not been required to ever return..it is grandfathered and according to this last Media Release from Jenny Mack's Office..the amendments in 2001 and 2004 refer to those dates when the reporting condition altered ie in 2005 from 6 months to 3 months, when the Media Release is read in conjunction with the Social Security Act 1991. So it maybe that those 'newbie' DSP as of whatever date..probably Jan 2011..will not be permitted to reside overseas and receive the DSP. (Centrelink this week advised me that they had no instructions from Jenny Macklin's Office and to watch her Media Releases for any changes). I feel appreciative that Centrelink are helping me through a tough period in my life..so I must obey their instructions. ..Just my two bobs worth.. ROD. Rod, Welcome to the forum, and thanks for filling us in on what has happend to you in the past. I too spoke to Centrelink, this week, the Int. Dept in Hobart, and they lady I spoke to said they had no knowledge of any changes as well. She was quite astonished when I told her of Macklin's media release. I have emailed the Minister office, see other post for that one, yet no reply as of today. I will follow up with a few more emails, then if I get no reply in say a month, I am going to make a complaint the Commonwealth Ombudsman. As a voter I should be entitled to receive a reply from an elected member of parliament within a reasonable time. Again, welcome to forum, and spread the word if you can.
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Post by lemons on Apr 16, 2010 17:50:54 GMT 7
lemons... Do you want to ring Welfare Rights on this? They may be able to represent you at the appeal? They have offices in every state. www.welfarerights.org.au/pages/centre.aspxYou could do it cheaply from an internet cafe, or send them an email I got an email back from a lady at this place today. It appears they can and will assist me, and she's asked a fair few questions and requested I complete and return an authority to them requesting that Centrelink allow them to act on my behalf. Sent it back ASAP! Will advise of developments. lemons
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Post by richoz on Apr 16, 2010 18:03:05 GMT 7
That great Lemons,
Please keep us updated.
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Post by adelaidekid on May 6, 2010 22:10:37 GMT 7
I have just returned to Thailand after spending 3 months in OZ. Prior to that I have been coming and going since early 2008 every 13 weeks as per the rules. CL called me once out of the blue and asked if I considered myself to be a resident or Australia. CL told me that they have their on rules regarding residency for people getting the DSP. As per section 7 (3)of the Social Security Act
To decide whether or not a person is residing in Australia, the following aspects have to be considered
the nature of the accomodation used by the person in Australia
the nature and extent of the family relationships the person has in Australia
the nature and extent of the persons employment, business or financial ties with Australia
the nature and extent of the person's assets located in Australia
the frequency and duration of the person's travel outside Australia
any other matter relevant to determining whether the person intends to remain in Australia permanently
This was sent to me by CL in a reply to a letter I wrote asking them last year if I could keep doing the 13 week returning thing indefinatly. They said I could keep doing it but if there was a continuous pattern of this they may need to reassess my resident status.
I have no assets in OZ or anywhere else. No business interests or money in Oz. I have 2 lovely children there whom I miss and enjoy spending time with when I am back there. I stay with friends when I go back.
Cheers
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Post by Banjo on May 7, 2010 10:57:28 GMT 7
Seems like they want to separate citizenship and residency. I just know this shit won't stand up in court but who's going to fight it?
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Post by rodcourt49 on May 11, 2010 14:34:38 GMT 7
Shorten says <snip> The change will not affect and disability support pensioner receiving their pension overseas under an international social security agreement, who was granted unlimited portability of their DSP prior to legislative changes in 2004, and has not returned to Australia or have been exempt from the portability rules...<snip> ..Well fellow DSP's Thailand is not one of those countries in the International Security Agreement he refers to..do you think he is confused? This point needs clarification.
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