Age Pension Information

[Banker]

This has been taken from The Welfare Right Group.
www.welfarerights.org.au/default.aspx

Cheers Banker.
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Age Pension
This factsheet explains who can receive Age Pension and answers some common questions about this payment. Age Pension is a Centrelink payment for people who have reached age pension age.
• What age can I receive Age Pension?
This depends on what year you were born, and for anyone born before 1 July 1952, whether you’re male or female. Men born before 1 July 1952 are eligible at 65. Women born before 31 December 1945 have now reached the qualifying age. Women born between 1 January 1946 and 1 July 1952 are eligible for Age Pension according to the table below:
Women born between: become eligible when they turn:
1 January 1946 and 30 June 1947 64
1 July 1947 and 31 December 1948 64 ½
1 January 1949 and 30 June 1952 65
Men and women born on or after 1 July 1952 are eligible for Age Pension according to the table below:
Men and women born between: become eligible when they turn:
1 July 1952 and 31 December 1953 65 ½
1 January 1954 and 30 June 1955 66
1 July 1955 and 31 December 1956 66 ½
1 January 1957 and after 67

• How long must I have lived in Australia?
To qualify for Age Pension you must have been an Australian resident for a total of 10 years, at least five of these in one continuous period. You must also be an Australian resident and in Australia on the day your claim is lodged, unless you are claiming under an International Social Security Agreement.
If you have spent a significant amount of time in another country, or have significant ties to another country before you claim, Centrelink may make the decision that you no longer regard Australia as your permanent home and are therefore not an Australian resident. In deciding whether you regard Australia as your permanent home, Centrelink will look at your intentions, and your established links with Australia, for example property, bank accounts and family ties.

• What if I want to live overseas?
Once Age Pension is granted, it can be paid overseas indefinitely for any absence (including living overseas permanently), subject to proportional portability and the restriction for former residents.
Proportional portability means that if you have spent less than 25 years in Australia between age 16 and Age Pension age, you can only receive a proportion of your normal amount of payment overseas.
If you are a former resident and have been living overseas, return to Australia and then claim Age Pension, the restriction for former residents means that you need to remain in Australia for two years before you can leave and be paid overseas.
• Should I stay on Disability Support Pension or Carer Payment once I reach age pension age?
The rate of payment, income and asset tests and concession card provided for Age Pension are the same as for Disability Support Pension or Carer Payment. Age Pension is generally the better payment for a person of age pension age because:
 there are no reviews about medical eligibility (for Disability Support Pension) or about the amount of care provided (Carer Payment);
 unlike with Carer Payment, there is no care receiver income and asset test for the person receiving care where the carer is receiving Age Pension;
 if you are a carer you may also be entitled to Carer Allowance whether you are on Age Pension or Carer Payment;
 there is no limit on the number of hours a week you can work, volunteer or study on Age Pension;
 if you are intending to go overseas for more than 13 weeks, the rules for being paid Age Pension outside Australia are more generous.
However you may be better off on either Disability Support Pension or Carer Payment if:
 you are studying, as you may be able to get Pensioner Education Supplement or Education Entry Payment;
 you currently get the higher rate of Mobility Allowance, as this cannot be paid to Age Pensioners;
 you are single and sharing privately rented accommodation, you may be eligible for a higher maximum rate of Rent Assistance than if you receive Age Pension and share accommodation;
 you have a partner who currently receives Wife Pension, she will lose access to Pensioner Education Supplement if you transfer to Age Pension;
 you are caring for someone other than your partner, who is not receiving Social Security payments and that person dies, as you may be entitled to a bereavement payment;
 you receive Carer Payment as, in addition to the Pension Supplement, you will also receive a Carer Supplement.
If you’re not sure whether to transfer to Age Pension from your current payment, speak to a Centrelink officer about it. Once you transfer, you generally can’t change back.
• What if I get a Service Pension from the Department of Veterans’ Affairs?
You can’t receive both Age Pension from Centrelink and a Service Pension from the Department of Veterans’ Affairs at the same time. There are significant advantages in claiming a Service Pension rather than Age Pension. See the Department of Veterans’ Affairs website at: www.dva.gov.au.
• What if I can get a pension from another country?
If you may be entitled to a pension from a foreign country, Centrelink will require you to make a claim. Centrelink is not automatically informed about any pension money you receive from a foreign country, and it is very important to tell Centrelink about all money you receive. If you don’t, you could get a debt, or even be prosecuted.
• How do my assets and income effect my Age Pension payments?
The rate of your Age Pension payments is calculated under both an income and an asset test. The test that results in the lower rate is the test that applies. If your income or assets exceed the limits set by Centrelink you will not receive Age Pension. You can check with Centrelink about the current tests, which are different depending on whether you are single or a member of a couple, and whether you own your own home or not. See Centrelink’s “A Guide to Australian Government Payments” booklet, which is available online at www.centrelink.gov.au or ask for a copy from your local Centrelink office.
• What if I want to sell or give away my home or use the capital in my home?
Centrelink does not treat your home as an asset if it is your ‘principal place of residence’. However if you sell your home to buy a new home, transfer the title in your home to a family member, or borrow money against your home and give the money away to family members, this can have negative consequences on your Age Pension payments. You may be prevented from receiving any payments.
Before you undertake any restructure of your financial resources you should get advice about the potential impact on your Age Pension. Contact Centrelink’s Financial Information Service on 13 23 00 for advice.
If you have already transferred or given away assets without realising the implication for your pension, you may need help in applying to have the value of an asset exempted under the hardship rules. If a debt is raised, you may need help applying to have the debt waived because of your special circumstances. In these situations, contact a Welfare Rights Centre/Advocate for advice.
• What about concession cards and other benefits?
You will automatically receive a Pensioner Concession Card and the Pension Supplement if you qualify for Age Pension. If you rent privately and receive Age Pension you may be entitled to Rent Assistance.
People of age pension age who do not qualify for Age Pension based on their assets or income levels, and who do not receive a Department of Veterans’ Affairs Service Pension, should apply for the Commonwealth Seniors Health Card which has no assets test, but is income tested. Holders of the Commonwealth Seniors Health Card automatically qualify for the Seniors Supplement.

• Appeal rights
If you think a Centrelink decision is wrong you have the right to appeal against it. Appealing is easy and free. To appeal simply tell Centrelink that you are not happy with its decision and that you would like to appeal to an Authorised Review Officer (ARO). It is best to lodge an appeal in writing and you should keep a copy of your appeal letter. However, you can lodge an appeal over the telephone.
The ARO is a senior officer in Centrelink who has the power to change the original decision. Many people are successful at this level.
You can appeal to an ARO at any time. However, to receive back pay from the date you were affected by the original decision, you must appeal to an ARO within 13 weeks of receiving written notice of the original decision. If you appeal more than 13 weeks after receiving the notice and you are successful, you will only receive back pay from the date you appealed.
If you think the ARO decision is wrong you can appeal to the Social Security Appeals Tribunal (SSAT). The SSAT is independent of Centrelink.
You have further appeal rights to the Administrative Appeals Tribunal and the Federal Court. Time limits apply.
For more information on appealing see the factsheet “Appeals – how to appeal against a Centrelink decision” and the guide “Appealing to the Social Security Appeals Tribunal".
• Interpreters
If you think you need an interpreter, or if you feel more confident with an interpreter, you should use one of the three free available interpreter services.
 Most Centrelink offices have interpreters available at regular times each week. Your local Centrelink office can tell you about their available languages and times.
 You can telephone the Centrelink Multilingual Call Centre on 131 202 and speak to a bilingual Centrelink officer.
 You can also call the free Telephone Interpreter Service (TIS) on 131 450 and ask for an interpreter.

Please note: This factsheet contains general information only. It does not constitute legal advice. If you need legal advice please contact your local Welfare Rights Centre/Advocate.
Welfare Rights Centres are community legal centres, which specialise in Social Security law, administration and policy. They are entirely independent of Centrelink. All assistance is free.
This factsheet was updated in December 2010. www.welfarerights.org.au

[Banjo]

This is taken from the Seniors website and seems to add a little more confusion to the pot.

Returning Australian residents

As you get older, moving back to Australia to be nearer loved ones may seem like the obvious choice. However, there are things to consider which may affect the payment of your Age Pension.

Q. Emma
My father emigrated to Australia in 1974 where he lived and worked until 1992 (He has Australian citizenship and has an Australian passport). He then left in 1992, and has not lived in Australia since (so he is a former Australian resident). He is 75 years old.

He would like to come back to Australia to live - he has three daughters here and seven grand-children. He will be eligible for the Age Pension. He loves to travel. I have read that should he return to Australia he would not be able to travel for the next two years (if he did he would lose his Australian Age Pension). He has no assets whatsoever, here or overseas.

A friend has told me that yes he can travel to countries which have an agreement with Australia - ie. even though he would be classified as a “former resident” should he go to an agreement country then his pension would be “portable” ie. he would still be able to get his Age Pension. Is this true?

My father intends to genuinely come back and live in Australia, but would still like to do some travelling overseas.

A. Provided by Centrelink
If your father returned permanently to Australia and was entitled to the Age Pension, there are special rules which prevent it being paid during any absence from Australia which occurs within two years of the return for residence. This does not mean that your father couldn’t travel outside Australia within those two years, just that the Age Pension would not be payable during those absences. The only exception to this rule is if he were to receive medical treatment unavailable in Australia under a special medical program or if he travelled to a country with which Australia has a Social Security Agreement. Information about claiming the Age Pension while overseas, as well as a list of current Agreement countries is available on the Centrelink website.

We would recommend your father contact Centrelink on one of its international freecall numbers, details of which are available on the Centrelink website, to discuss his eligibility for the Age Pension prior to returning to Australia.

www.yourlifechoices.com.au/index.php/articles/category/returning_australian_residents#returning_australian_residents

[Banjo]

When he left Australia he wasn't eligible for the Age Pension.
Was he on the DSP? It doesn't really say does it?
He is immediately eligible for the Age pension, but it's cut off if he leaves within a 2 year period of returning, but reinstated when he returns again... ?

[keekwai]

Jan 25, 2011 15:44:50 GMT 7 @ruddthedudd said:

Put simply, for a returning resident, before the OAP is portable one must be resident fulltime in Aus for 2 years. Unless of course grandfathered to the old system.

So .. do you have to be resident for a full two years (whilst receiving OAP)?

How about a 3 month holiday during that two years? Would that reset he clock to two years again?

[Banker]

Apr 6, 2011 9:38:32 GMT 7 keekwai said:

Jan 25, 2011 15:44:50 GMT 7 @ruddthedudd said:

Put simply, for a returning resident, before the OAP is portable one must be resident fulltime in Aus for 2 years. Unless of course grandfathered to the old system.

So .. do you have to be resident for a full two years (whilst receiving OAP)?

How about a 3 month holiday during that two years? Would that reset he clock to two years again?

It will all depend on YOUR particular case.....

I lost my residency in 2002 but was granted the OAP last year without being in Australia, other cases I have heard no you must be in Australia to apply for the OAP. I know its very confusing and C/L like to keep it that way so we dont understand what our rights are.

The situation is that you have these Desk Monkeys in C/L making very important decisions about people's lives & in fact they would not know their ass from their elbow. This is why I keep telling members that if a decision is made by C/L and you dont like it, appeal that decision and take the appeal all the way to the top if you have to.

Welcome to the forum keekwai.

[Banker]

Apr 6, 2011 11:25:00 GMT 7 @ruddthedudd said:

Put simply, for a returning resident, before the OAP is portable one must be resident fulltime in Aus for 2 years. Unless of course grandfathered to the old system.

For bankers benefit.

I was told by C/L after I got the OAP that If I wanted my residency back I would only be allowed to travel outside Australia for 13 weeks, go figure.

[Banker]

Apr 6, 2011 11:25:00 GMT 7 @ruddthedudd said:

Put simply, for a returning resident, before the OAP is portable one must be resident fulltime in Aus for 2 years. Unless of course grandfathered to the old system.

For bankers benefit.

There is NO simple answer your dealing with C/L

[pino]

It seems to me that Center link , and policy makers have difficulty understanding the terms “Citizenship” and “Residency”
Citizenship is a privilege given by any government to a citizen allowing him to live in a country .
Residency is a privilege that any citizen should have in deciding where one wants to live.
Conveniently the Australian government (Center link) is using the loophole of “residency) to refuse to pay Old Age Pension if one does not live in Australia two years prior of claiming OAP.
I lived in Australia for 40 years, (continually) worked, pay my dues, and lived as perfect citizen, but regrettably two years before reaching age 65 I lived in Thailand, and by pure magic I lost the right to claim OAP.
One does not have to be a mathematician, but 40 years is far greater than 2, are they STUPID ?? I don't think so, in fact I think they are very smart (or at least they think they are.
Now if a Citizen lived in Australia lets say for 5 years, left the country for 30 years, but decided to return to Oz for two years ,(prior to lodge a claim) he/she is entitled to receive the OAP …..OOPPS !!!!! I should have warned you……...my mathematical skills are not the best.
As we say back home …..they need to (STOP THE BULL SHIT)
Old Age pension is just that “OLD AGE PENSION) , no bull shit, no loop holes, no ifs & buts, no trickery, and above all AUSTRALIA (I mean Politicians) don't insult our intelligence……….WE MADE THE COUNTRY THAT AUSTRALIA IS.
To Senators, MPs, Public servants, I say …..rectify the problem and if you are not able to, move on, get a real job , or go on the dole, I am sure you will be looked after by the upcoming pensioners, because that exactly what we pensioners have done, for so long we have kept the country going.

A child would tell you that anything that has strings attached is NOTHING BUT A CON, PERIOD.
Don’t insult our intelligence.
(Scrap the two year ruling), 20,30 or 40 years in the country is far greater then 2 years, don't have to be a rocket scientist to understand that.
Centre link and Politicians must come to their senses, and “CALL A SPADE A SPADE” no strings attached, they already have a rotten reputation , they invented corruption, now they want us to follow in their foot steps and then wonder why people rot the system.

God bless Australia
A very disgruntled Australian
Joseph Ellul

[Banjo]

Have you taken this any further pino?
I often wonder how well this "rule" would stand up in the appeals process.
It seems ludicrous, you work, pay your taxes and for the sake of two years you're not eligible for the OAP.
I think you will see this come to a head as more and more DSP recipients who prefer to live out of Australia turn 65 in the next few years.
I definitely made my bones as a resident this year regarding the DSP but I wonder if Centrelink will accept that for the OAP?

[pino]

Hi Banjo, I have e maild about 300 emails to parlamentarians, senators, MPs, including Mr Rudd and the prime minister, to no avail, most could not bother replying, some responded telling me this 2 years (bullshit stands) the others replaied stating that becouse of the number of e mails, phone calls and letters it will be some time before they will reply.
Then one wonders why some people go to jail.
Have a wonderful day

[Banker]

pino, I has always said that sending emails to these people will do no good, to get any action its much better to send a letter to them via register mail. They still do not allow emails as a legal document.

[Banker]

pino, with this 2 year B/S, IMO we must appeal and keep appealing until they cave in because I think this is bluff tactics being used once again by C/L...

[Banjo]

I've sent a message to that guy at Centreblog, he used to work for WRG and offers advice through his website.
See what he has to say.

[skills32]

Banjo
I lost my portability as I moved to Thailand just after getting the pension.

I appealed to the ARO and SSAT and was refused in both cases but on appeal to the AAT the C/L lawyer just caved in before the appeal and granted me full portability.
The rule they got me on was that any absence in excess of 3 years is deemed to be permanent rather than temporary.
My advice is take them on and go the whole 9 yards.

[rowdy]

Nov 30, 2011 19:37:18 GMT 7 skills32 said:

Banjo
I lost my portability as I moved to Thailand just after getting the pension.

I appealed to the ARO and SSAT and was refused in both cases but on appeal to the AAT the C/L lawyer just caved in before the appeal and granted me full portability.
The rule they got me on was that any absence in excess of 3 years is deemed to be permanent rather than temporary.
My advice is take them on and go the whole 9 yards.

Hi Skills,

Great victory - well done