Time limits on making claim, when C/L misled you?

[aussieinusa]

Peter, you are so right.

I'm not sure how families with income of $100K+ are somehow 'more deserving' of welfare money than someone who would genuinely like to be working, but can't find any employer flexible enough. (And ironically, guess who I worked for when I first got really sick? Yup, the Federal Govt. But as part of the 'underclass' of public service casual/contract staff, the last day I worked there was the last day I got paid. They found a young able-bod man who happens to play rugby with the bosses, and can do the job I did in 3 days/week, in a mere 5 days/week! And then had to bring me back on contract again, because he couldn't get all the work done by himself. Taxpayers' money being well-spent, there.)

And yes, they do always have money for the Labour party mates, no matter how much they're cracking down on us to save money. This whole 'Disability Insurance Scheme' business... I would bet money on it that they still won't have money for me to attend the short courses that could help me get work, or to pay the gym and pool costs I incur doing physiotherapy, and the various things like that I've asked CRS to help with... but Therese Rein will personally pocket a nice chunk of change out of it all. Because she's a person with a disability who really needs government help, right?? Again, taxpayers' money being well-spent there.

I hope you're right that the International Agreements might force the government to behave in a more humane manner, at least regarding the countries they have agreements with; some of us do have genuine ties (personal and professional) to other countries, and suffer considerable hardship because the government's trying so hard to claw back money off actual disabled people, so there's more to give to their mates whose companies 'help' us so much.

[Banker]

When I see the money being wasted by the Government " I am glad these pricks are not running a business for me"

[peter]

Also a reminder to people living overseas that they have now changed the AWLR system from 25 years to be eligible for a full OAP to 35 years AWLR as from Jan 1, 2014. This is for an exportable pension. To obtain an OAP payable within Australia it only needs ten years residency between birth and age 65.

So that means that one is allowed 14 years overseas residence before that AWLR rule works against one. And its 14 years because they started AWLR calculation from age 16, and not 15. Once again an attempt at spin and look at us we only start work at 16! when in fact many started work at 15. Go back fifty years and that was common.

They have changed this in mid stream so that several people I know who were reckoning on the 25 year AWLR rule, have had a very rude awakening that its now 35 years and the consequence is that they will end up like DSP"s confined to this high cost country. And they are unable to defend themselves cause its not a prospective change, but a retrospective change.

I think the government save $46 million over four years estimates ahead by doing this. What a pitiful amount. But what they do is not consistent. Its capricious.

Good if you got superannuation, but DSP's and my cohort of people turning OAP age now, missed that boat.

Anyway, this bunch will soon be gone, but what is done will stay done. And a new government will take over, and as tight fisted as they say they intend do be, they could hardly do worse than what has been done, undone or things not done.

If they do worse, hang onto your hat and your boat cause it might get rough but then again there will be no more boats cause they are going to stop that and stop that extra line forming at Centrelink so you can expect more prompt attention there. Wait and see.

[Banjo]

Santa's going to bring me some nice things this year as well..

[aussieinusa]

"They have changed this in mid stream so that several people I know who were reckoning on the 25 year AWLR rule, have had a very rude awakening that its now 35 years and the consequence is that they will end up like DSP"s confined to this high cost country. And they are unable to defend themselves cause its not a prospective change, but a retrospective change."

We really need to figure out something we can all do, collectively, to challenge this. It's so wrong, that people contributed taxation dollars for their whole working life, only to have these punitive and draconian rules brought in when they need something back from the government. Old people and people with disabilities do not deserve this kind of restrictive BS.

Plus it's against the interests of all Australians, because Australia is the net beneficiary of a lot of other countries' pension portability rules... and you can put money on it that if they succeed with all this (which they currently are) other countries will start doing the same, and then what happens to all those pensioners who spent part of their life overseas? That's right, the Australian government has to pay them a full pension. Genius.

Surely between the lot of us on here, we have a bunch of skills that could be useful in starting some kind of legal challenge to this... or at least, get enough accurate information out into the media about what the government is doing to create some kind of political backlash.

I am disgusted with the current, supposedly-Labor government's ongoing propaganda efforts against the people least able to defend themselves. The problems in this country are not our fault; if they want to point the finger of blame at someone, the people in government need only look in a mirror.

[Banjo]

Our contribution so far has been appealing, and helping people appeal, bad Centrelink decisions in the Social Security Appeals Tribunal and Administrative Appeals Tribunal.
We've never had to deal with the true court system and our efforts up to now in talking to politicians, in particular the relevant government ministers, have been pretty much a waste of time.

I emailed Bob Katter's people today, it crossed my mind that we have a few members in Queensland, which will be his power base.
It's hard though, they may listen to several thousand people we number in the hundreds, serious contributors in the dozens, so it's an up hill process.

Start with your own MP, there's an election coming up so check to see how the electorate stands.
If it's in danger of changing hands go and see the front runner.

[aussieinusa]

Thanks Banjo -- I appreciate the efforts you're all making to get bad decisions reversed on a one-by-one basis.

And yes, I agree that talking to politicians about anything is an uphill battle. The current mob are so good at propaganda, they don't really need to listen; they can always place their 'dole bludger' stories on ACA and Today Tonight and create whatever public opinion they want. But I will give it a go, anyway; cynical as I am about the whole political process.

Personally, I've emailed Civil Liberties Australia and AFDO to ask nicely if they'd bring some of their campaigning muscle to this issue, to try to get some of the real story of the hardship and inequality Centrelink's current BS is creating for people who, mostly, are in no position to fight back. (If anyone else feels like sending some emails, CLA's contact form is at www.cla.asn.au/page/contact1.php , and AFDO can be emailed at [e-mail] -- might be good if there's more voices than just my own...)

[reddingo]

Hmmm, this CLA thing might be a good idea. If anyone knows how to, or has a lawyer friend who could help set up a petition that we and friends could sign and present to the CLA maybe they would help us. Adrian

[Banjo]

We have a member involved in a complaint to the HRC regarding the change of the portability legislation.

The UN say they won't consider it until the Australian commission has looked at it si it's a fairly lengthy process.

I sent the CLU an email in 2010, not long after we started the forum and had no reply to either the original or the follow up. (Can't believe I found this so quickly, the filing system MUST be getting better).

This email confirms receipt by Civil Liberties Australia of the following e-mail and we undertake to answer it (where appropriate) as soon as possible:


Topic: General Inquiry
Message: I'd like to draw your attention to the following news article.

Welfare loophole allows disability pensioners to go on permanent vacation
A LOOPHOLE in welfare laws has been allowing hundreds of disability support pensioners to use their pensions to travel overseas most of the year and keep second homes in popular South-East Asian holiday destinations.

The jet-setting lives of 776 disability support pensioners were discovered by a joint Centrelink and Department of Immigration investigation, which found many were taking up to nine overseas trips a year.

The study uncovered 154 gold-class frequent flyers who spent all but eight weeks a year overseas. Of these, 71 spent less than a month in Australia and there were eight described as fly-in, fly-out pensioners who spent only a week a year in Australia.

The loophole allows disability support pensioners to keep claiming the pension, which is now more than $700 a fortnight, if they return to Australia once every 13 weeks.

OK... this will seem like a fairly minor issue but does it really matter what pensioners spend their money on? I'm 61, unemployable and they want to tell me where I can and can't go?

Regards


This was very early in our campaign and my approach to these sort of people has changed dramatically so it may be worth while giving them another tug.
Or even ringing them up to feel them out.

[Banjo]

OK, I did get a reply, it's turned up in another file.

Bill Rowlings <[e-mail]>

10/20/10

to me
Dear >>>>>

Apologies for your receiving no reply...not sure how that happened. We usually answer emails.

Re your question: Does it really matter?

Our response: No, provided the pensioners abide by whatever laws/regulations exist, and which Centrelink and/or Immigration administer.

If you become aware of the government putting forward new legislation, or proposing new regulations, in relation to this, please let us know if you consider the change unfair and discriminatory.

Bill Rowlings, CEO




So the legislation has definitely changed now so it may be worth looking at.

[aussieinusa]

I emailed him the other day and got a really quick response; haven't been well enough to reply yet, but I will soon.

He did say that if we think disability issues ought to be covered on the CLA site, he's happy to publish things. I'm not in a position to take on sole responsibility for getting proper disability issue coverage on there right now, but if there's anyone else interested in getting published there, I'd be happy to help. (And no worries if you don't have a lot of writing experience; I do and would be OK to coach someone, so long as they were willing to put in more time than I'm presently able to.)

[aussieinusa]

Banjo: Also, re the HRC complaint... is there anything that the rest of us might be able to do to help with that?

[Banjo]

Our member has prepared and lodged the document, I think it's matter of waiting now.
If you want to speak to him I can see if he's available.

[aussieinusa]

Yes, if he's willing to talk to me, I would like to find out if there's anything I can do.

Although yes, it's the legal system, there's gonna be a whole lotta waiting!

[Banjo]

I''ve sent him an email, he hasn't logged on for a while but still keeps in touch with me personally.