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Post by Denis-NFA on Dec 19, 2012 6:22:49 GMT 7
I'd like some confirmation please on the following scenario from those of you who are in a position to know.....
Yesterday I was briefly talking with a neighbour of mine in the units where I am now living and it turns out that he went to the Philippines earlier in the year and is waiting on getting his OAP in 3 months when he was looking forward to going back to the Philippines.
I can't remember his exact words but the guts is that Centrelink have told him having the OAP will not entitle him to Unlimited Portability!
I said that's contrary to the impression I have and mentioned this board and said I would ask if that is the case.
As we were waiting for a bus we didn't get too in depth.
So its either a misguided C/L Officer, or he is being warned about something that is coming up.
Does anyone know anything about this?
Thanks
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Post by ghostbuster on Dec 19, 2012 6:49:57 GMT 7
I think what the c/l person stated was not right. Up you don`t have to report back, but oap you have to return every 26 weeks. Please correct me if i`m wrong.
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Post by ghostbuster on Dec 19, 2012 6:59:45 GMT 7
Also, i`m due for my oap in February, are`nt c/l supposed to send the paperwork out 13 weeks before the due date. Haven`t received any mail as yet. Maybe they think if they don`t send the papers i won`t claim(just a thought).
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Post by Banjo on Dec 19, 2012 7:22:31 GMT 7
My take is that the portability is unlimited but you lose the Pensioner supplement after 6 months.
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Post by Denis-NFA on Dec 19, 2012 7:23:38 GMT 7
ghostbusterI don't have this blokes details but he may be subject to Sec 1220 which I understand means that if you are subject to a 2 year waiting period and are granted a pension within that 2 year time frame and go overseas before the expiration of the 2 years then they will cut your payments... www.austlii.edu.au/au/legis/cth/consol_act/ssa1991186/s1220.htmlAnd Section 1217 definitely still says Aged Pension is Unlimited Portability, refer the Table at the end..... www.austlii.edu.au/au/legis/cth/consol_act/ssa1991186/s1217.html ..... so I'm not sure where you may have seen the 26 week reporting requirement for OAP. And remember C/L are probably 'snowed' under and I'd suggest you contact them for the paperwork.
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Post by Banjo on Dec 19, 2012 7:28:41 GMT 7
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Post by Banker on Dec 19, 2012 7:35:24 GMT 7
Also, i`m due for my oap in February, are`nt c/l supposed to send the paperwork out 13 weeks before the due date. Haven`t received any mail as yet. Maybe they think if they don`t send the papers i won`t claim(just a thought). Please contact C/L about this and keep copies of all paper work and get receipt numbers for any phone calls. Earlier this year a friend of mine lodged his paper work for OAP, 3 months later ....Nothing, so he went back only to be told to lodge it all again because they had lost his paper work. He got the back pay from when he turned 65.
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Post by Banker on Dec 19, 2012 7:39:04 GMT 7
OAP, you dont have to report back but you will loose, Medicare, Rent assistance, concession card and anything else they can put their hands on.
Will this change in the future, no one knows.
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Post by ghostbuster on Dec 19, 2012 7:54:02 GMT 7
Ok thanks all for your help. I am now going to send off email requesting my application papers for oap. Fingers crossed.
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Post by Banjo on Dec 19, 2012 7:54:32 GMT 7
Do you lose Medicare immediately? I thought you would still qualify as long as you remained a resident. The portability for the OAP would be different from grandfathering, I suspect that if people who had lost residency/Medicare after being grandfathered on the DSP returned to Australia after turning 65 they could get back on it. Of course they would then be a normal OAP recipient and subject to the restrictions there of. Ditto rent assistance but that is a Centrelink payment and i suspect that they would get fidgety pying it to people who spent years out of the country. Eligibility for Medicare Card
Everyone who lives in Australia—excluding Norfolk Island residents—is eligible for a Medicare card if they:
hold Australian citizenship hold New Zealand citizenship (documentation required) have been issued with a permanent visa have applied for a permanent visa (excludes an application for a parent visa—other requirements apply. Call us for more information).
Visitors to Australia from a country that has a Reciprocal Health Care Agreement with Australia are also eligible for medically necessary treatment. Supporting documentation
You need to provide documents to support your residency in Australia, or your severing of ties with the previous country of residence if:
you are an Australian citizen returning to Australia to live after living overseas for more than five years. Read more about Medicare enrolment for returning residents. you are a New Zealand citizen requesting enrolment as a permanent resident. Read more about Medicare enrolment for New Zealand citizens.
In some cases both residency and severance documentation may be needed.
www.humanservices.gov.au/customer/enablers/medicare/medicare-card/eligibility-for-medicare-card
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Post by Banker on Dec 19, 2012 8:15:31 GMT 7
It all depends on how long you remain outside Australia, If you loose your residency you will loose Medicare.
The key question is how long outside OZ before you are no longer a resident, some say 2 years, some say 5 years, This will all depend on what the C/L officer says then its up to you to appeal their decision.
If you ask C/L this question just make sure you get their answer in writing, as they have been know to change the rules to suit themselves and screw the Pensioner.
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Post by Banker on Dec 19, 2012 8:22:26 GMT 7
/Medicare after being grandfathered on the DSP returned to Australia after turning 65 they could get back on it. Of course they would then be a normal OAP recipient and subject to the restrictions there of. No you must apply to get your residency back and remain in OZ for the 2 years parole period. This is what C/L told me. If I was forced back because of medical reasons, I would first get back my residency then Medicare and appeal their decision about the 2 year stay and I would appeal to the highest court possible. Nothing else to do while in OZ for 2 years.
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Post by Banjo on Dec 19, 2012 9:01:39 GMT 7
No you must apply to get your residency back and remain in OZ for the 2 years parole period. This is what C/L told me.
Ah, yes of course, the old Catch 22 cuts back in.
I still think Medicare gives you 5 years away regardless of what Centrelink call residency. Of course if you do lose Medicare and return to Australia just the fact of re-entry doesn't automatically kick it back in, you have to reapply and prove you intend to remain a resident.
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Post by Banker on Dec 19, 2012 9:19:41 GMT 7
Of course if you do lose Medicare and return to Australia just the fact of re-entry doesn't automatically kick it back in, you have to reapply and prove you intend to remain a resident. Thats what I was trying to say but I just ate a Thai Omelet with rice for brekky & I got some rice caught in my teeth. ;D
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Post by Banker on Dec 19, 2012 9:25:10 GMT 7
No you must apply to get your residency back and remain in OZ for the 2 years parole period. This is what C/L told me.
Ah, yes of course, the old Catch 22 cuts back in. I still think Medicare gives you 5 years away regardless of what Centrelink call residency. Of course if you do lose Medicare and return to Australia just the fact of re-entry doesn't automatically kick it back in, you have to reapply and prove you intend to remain a resident. Medicare did give you 5 years at one time but I think they have now jumped onto the C/L residency ship. A lot of this has to be tested yet. As most of you know my situation is a lot different to other members and I must remember this when answering questions.
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