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OAP
May 10, 2012 10:20:31 GMT 7
Post by pizzaman on May 10, 2012 10:20:31 GMT 7
As much as I can decipher, my passport (wish they would put the stamps in order) I arrived in Cambodia on the 6th Nov 2009. I have been her for 2 1/2 years, I am 2 1/2 years shy of the OAP. Questions: Do I have to be in Australia for two years before I qualify to have the OAP paid overseas, as I want to return to Cambodia to see out my days. At what stage (time span) will centerlink class me as living out of of Australia and say I am a non resident. 1, 2 ,3, or more years. How can I confirm the exact date I arrived here, the passport is vague. Shortly I travel to Ireland, to see the grand kids and then return to Cambodia and making the decision to return to Australia. I have been an Australian resident for 60 years, have worked forty years and paid taxes. Can some one give me definitive answers? ?
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OAP
May 10, 2012 11:08:08 GMT 7
Post by Banjo on May 10, 2012 11:08:08 GMT 7
Centrelink seems to be insisting on a 2 years Australian residency prior to any one applying for the OAP. They care not how long you lived, worked or paid taxes there previously. The law says nothing of this, all you have to do is to have worked in Australia for at least 10 years to qualify. We had a member here who successfully contested this and Centrelink apparently caved in before it got to the appeals system. I'll see if I can find his posts.
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OAP
May 10, 2012 11:10:39 GMT 7
Post by Banjo on May 10, 2012 11:10:39 GMT 7
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OAP
May 10, 2012 12:27:27 GMT 7
Post by rodcourt49 on May 10, 2012 12:27:27 GMT 7
..well now that the Bill has passed both houses and will be duly enacted..and then effective as of July 1st, 2012..one would think those of us who were/are overseas on the 13 week rule will be 'grandfathered/mothered' and if we pass the scrutiny ie permanent injury, severely disabled etc. etc then we should be able to return to our overseas haunts and be left alone to live out our years..yes? So..if our residency is not questioned and we are all deemed to be residents of Australia..then would it necessarily follow that we would then qualify for OA Pension and not have to remain up to two years in Australia? In my case I have been deemed to be a non resident and have had to return as of Jan 1st 2012..and now after having produced sufficient documentation; i am now deemed to be a permanent resident again but have been requested to stay in Australia for next two years at least so as to qualify for OA Pension (I am currently 62 yrs and 7 months old). I meet all the requirements of the recent legislation and can see no reason why I cannot leave if i pass the new rules for Indefinite Portabilty as of July 1st, as mentioned above. So, once IP is granted then i should be eligible automatically for OA. Thoughts please?
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OAP
May 10, 2012 13:32:46 GMT 7
Post by Banker on May 10, 2012 13:32:46 GMT 7
..well now that the Bill has passed both houses and will be duly enacted..and then effective as of July 1st, 2012..one would think those of us who were/are overseas on the 13 week rule will be 'grandfathered/mothered' and if we pass the scrutiny ie permanent injury, severely disabled etc. etc then we should be able to return to our overseas haunts and be left alone to live out our years..yes? So..if our residency is not questioned and we are all deemed to be residents of Australia..then would it necessarily follow that we would then qualify for OA Pension and not have to remain up to two years in Australia? In my case I have been deemed to be a non resident and have had to return as of Jan 1st 2012..and now after having produced sufficient documentation; i am now deemed to be a permanent resident again but have been requested to stay in Australia for next two years at least so as to qualify for OA Pension (I am currently 62 yrs and 7 months old). I meet all the requirements of the recent legislation and can see no reason why I cannot leave if i pass the new rules for Indefinite Portabilty as of July 1st, as mentioned above. So, once IP is granted then i should be eligible automatically for OA. Thoughts please? Rod, In my case I was on DSP for several years grandfathered in 2002 lost my residency after I was told in 2002 that I did not have to return to Australia ever. Before that I had to return every 12 months. When I turned 65 in 2010 I was not in Australia I was transferred to OAP by signing some papers and sending them back. Remember I was not in Australia at the time & I was not a resident....... Work that one out? I know of several cases that are the same as mine, one guy hasn't been back to Australia since 1999, In fact the last time I spoke with him in Thailand he had cancer of the liver. I have spoken here before about the guy from Newcastle who lived in Australia all his life, never on welfare, went to Thailand to live @ 63 after his wife died then returned to Australia @65 to get his OAP only to be told he had to stay in Oz for two years to receive it I advised him to see his local member and get a lawyer onto it, which he did & he was back in Thailand with the OAP after two months. This business that one must be in Australia for two years prior to applying for the OAP is a knee jerk reaction by some C/L staff that do not know their ass from their elbow, but its causing a lot of stress amongst some people & they just don't FU*%$ care (Centrelink staff) I am fairly sure it will not stand up in a court of law.
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OAP
May 10, 2012 14:11:31 GMT 7
Post by Banjo on May 10, 2012 14:11:31 GMT 7
If we get indefinite portability... and as far as I'm concerned this is NOT grandfathering, then do we have to change to the OAP when we turn 65? I just rang Seniors.gov, and after 40 minutes on the phone found an email link on their site and asked this question.
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OAP
May 10, 2012 14:28:38 GMT 7
Post by Banker on May 10, 2012 14:28:38 GMT 7
If we get indefinite portability... and as far as I'm concerned this is NOT grandfathering, then do we have to change to the OAP when we turn 65? I just rang Seniors.gov, and after 40 minutes on the phone found an email link on their site and asked this question. And the answer is NO you may choose which pension you remain on but if you change to OAP you can NOT change back to DSP.
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OAP
May 10, 2012 14:36:00 GMT 7
Post by Banjo on May 10, 2012 14:36:00 GMT 7
Where did I say wanted to do that? I saying what if people want to stay on the DSP...
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OAP
May 10, 2012 14:44:28 GMT 7
Post by Banker on May 10, 2012 14:44:28 GMT 7
Where did I say wanted to do that? I saying what if people want to stay on the DSP... Just before I turned 65 they sent me a letter with a form to fill out one question was "do you wish to stay on DSP or transfer to OAP" When I spoke with them on the phone he said I could stay on DSP if I wanted to but if I chaned to OAP I could not change back to DSP. I hope that clears things up......... ;D
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