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Post by dave3478 on Dec 10, 2015 10:16:34 GMT 7
Hi all,I just got a letter from Ken Wyatt federal liberal member. They asked centrelink for the ruling on portabilty of pensions and whether if you are out of the country before 65 you can get portabilty. Answer is if your out of the country for in my case 3 years before the pension age, you have to wait in Australia 2 years before its portable. I will try and post this letter after i scan it.
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Post by Banjo on Dec 10, 2015 11:13:15 GMT 7
Thanks for that Dave, it's still a bit ambiguous though and obviously made up on the fly. Is that a total of three years? In which case over what period of time? If you break it into two or three trips will that give you portability?
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Post by dave3478 on Dec 10, 2015 11:52:31 GMT 7
Hi all,I just got a letter from Ken Wyatt federal liberal member. They asked centrelink for the ruling on portabilty of pensions and whether if you are out of the country before 65 you can get portabilty. Answer is if your out of the country for in my case 3 years before the pension age, you have to wait in Australia 2 years before its portable. I will try and post this letter after i scan it. If I go overseas now for 3 years then I have to wait 2 years in Australia to make my Old age pension portable. I never mentioned returning say, every 12 months for short stays.
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Post by dave3478 on Dec 10, 2015 11:54:39 GMT 7
Click on the letter and it should open up I hope. Centre link make no mention that I was born and lived in Australia for 62 years.So I guess they just made the ruling across the board so its easy for them.
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Post by chris on Dec 10, 2015 16:54:39 GMT 7
It is not exactly that Dave. The answer was from the book but it did not take any variables into account.
As Banjo hinted, a few well timed visits in the 3 years would be a good idea. If you lived here straight 6 months prior to the actual pension date and of course having an address and bank account, I think you would not even be questioned. You could file your claim 2 months ahead and have no delay in payment.
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Post by Banjo on Dec 10, 2015 18:18:14 GMT 7
Hi all,I just got a letter from Ken Wyatt federal liberal member. They asked centrelink for the ruling on portabilty of pensions and whether if you are out of the country before 65 you can get portabilty. Answer is if your out of the country for in my case 3 years before the pension age, you have to wait in Australia 2 years before its portable. I will try and post this letter after i scan it. If I go overseas now for 3 years then I have to wait 2 years in Australia to make my Old age pension portable. I never mentioned returning say, every 12 months for short stays. View AttachmentThere's no mention of three years here, I believe this is where the thing goes shaky, I still think that this type of legislation is suspect purely because it's not specific. All former residents (7.1.4) have a 24 month waiting period before their pension is portable outside Australia. guides.dss.gov.au/guide-social-security-law/7/1/2/20guides.dss.gov.au/guide-social-security-law/7/1/4This is from the Guide to SS Law and This is what the Act says for purposes of the Age Pension. (2) An Australian resident is a person who: (a) resides in Australia; and (b) is one of the following: (i) an Australian citizen; (ii) the holder of a permanent visa; www.austlii.edu.au/au/legis/cth/consol_act/ssa1991186/s7.htmlNo definition of residency, it's the DSP portability crap all over again. If you ask DSS about this and they say that it's up to them to decide who is a returning resident then you know that they are on the back foot, they are there to work WITH the legislation, not make it up as they go along.
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Post by dave3478 on Dec 10, 2015 18:27:19 GMT 7
Thanks every one..I appreciate the comments..Looks like I will be going back to Thailand with a couple of visits back to Perth. Get my pension then back to Asia. ..Thanks every one.
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Post by Deleted on Dec 10, 2015 20:48:14 GMT 7
Dave, I would from now on, steer clear of Mr Wyatts office. Its clear from my reading of all you have stated and his offices reply, they have no understanding of the legislation. And what IS clear from their letter, is their use of the words "not being a contribution based payment". What follows from that, is that BOTH political parties view ALL welfare as grants that they think can be changed at their whim.
I had a similar response from my ALP member and at that point i decided that I would have no further interaction with them.
You should though, and I give this advice with experience and knowledge of those who DO understand the legislation, direct your inquiry to Senator Rachel Seiwert.
Be pleasant, be charming, and above all, dont yell at the office staff if you cant get to see someone straight away. They will help you.
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Post by chris on Dec 11, 2015 6:35:18 GMT 7
Dave, I would from now on, steer clear of Mr Wyatts office. Its clear from my reading of all you have stated and his offices reply, they have no understanding of the legislation. And what IS clear from their letter, is their use of the words "not being a contribution based payment". What follows from that, is that BOTH political parties view ALL welfare as grants that they think can be changed at their whim. I had a similar response from my ALP member and at that point i decided that I would have no further interaction with them. You should though, and I give this advice with experience and knowledge of those who DO understand the legislation, direct your inquiry to Senator Rachel Seiwert. Be pleasant, be charming, and above all, dont yell at the office staff if you cant get to see someone straight away. They will help you.
Correct. Mr. Wyatt has no knowledge of the OAP, except what what he gets from Centrelink.
Almost anyone approaching OAP, who has done minimal research would know more. Having said that, he did his job as an MP by providing you with an answer.
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Post by dave3478 on Dec 11, 2015 12:42:15 GMT 7
Hi all,I just got a letter from Ken Wyatt federal liberal member. They asked centrelink for the ruling on portabilty of pensions and whether if you are out of the country before 65 you can get portabilty. Answer is if your out of the country for in my case 3 years before the pension age, you have to wait in Australia 2 years before its portable. I will try and post this letter after i scan it.
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Post by dave3478 on Dec 12, 2015 17:26:32 GMT 7
Hi all, I sent a letter to Senator Rachel Seiwert and she responded that day to me. She has asked one of her Staff to check out the current rules on Portability as there have been a few changes. I will let you know what they come up with in this area. Good luck to all who are suffering under these rules and lets keep fighting these bureaucratic Bungling fools.They say they are saving money but I dont see any savings blocking peoples rights to live where every they like. That is saving money is your not on any benefits. It seems like they get a kick out of blocking you on getting the newstart payments .
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Post by Deleted on Dec 12, 2015 17:37:34 GMT 7
Dave, I am glad you contacted Senator Seiwert, and that you received a prompt response. I should have pointed out before that Senator Seiwerts shadow portfolio is welfare and she and her staff sit specifically on many senate estimates that from time to time examine these changes.
The Greens have always voted against these changes and have had amendments to legislation.
I'm also mindful that there is no enthusiasm within govt to further pursue changes as they did since coming to office. Many of those changes though ocurred during Gillards time and with the blessing of the then LNP opposition.
Senator Seiwert is well aware that many people "fall between the cracks" being caught up as unintended consequences.
I look forward to you receiving some positive assistance from them.
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Post by dave3478 on Dec 13, 2015 7:45:07 GMT 7
Thanks Mike, I now understand that Labour and Liberal are culpable in this disgraceful ruling that attacks natural justice in this area. They should all be ashamed but i no they dont give a rats.I have not heard back from one labour politician and now i no why. They started the attack on older Australians. I think this will be a long battle.
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Post by Deleted on Dec 14, 2015 19:38:38 GMT 7
Dave, your welcome. It made "funny reading" today that Joe Hockey WILL double dip on his parliamentary pension WHILE still earning his new salary as the Australian Ambassador to the US. $340,000 AUD per year to be Ambassador plus $90,000 per year as a top up from his pension. Just a sniff of hypocrisy from the nouveau riche which are the LNP members of this nation.
The same man who told everyone on a pension that they have to do the heavy lifting.
And as some have quoted here on other threads, theres a large group of pensioners in Australia that still votes for these clowns, whilst they screw us all into the ground even further.
We all though are a touch too young to remember the "grey power" movement of the 1980s or so. It said enough was enough and changed a few minds then. Its about to occur again.
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Post by itsmylife08 on Dec 15, 2015 10:19:48 GMT 7
Dave, your welcome. It made "funny reading" today that Joe Hockey WILL double dip on his parliamentary pension WHILE still earning his new salary as the Australian Ambassador to the US. $340,000 AUD per year to be Ambassador plus $90,000 per year as a top up from his pension. Just a sniff of hypocrisy from the nouveau riche which are the LNP members of this nation. The same man who told everyone on a pension that they have to do the heavy lifting. And as some have quoted here on other threads, theres a large group of pensioners in Australia that still votes for these clowns, whilst they screw us all into the ground even further. We all though are a touch too young to remember the "grey power" movement of the 1980s or so. It said enough was enough and changed a few minds then. Its about to occur again. The word hypocrite comes to mind , but then why should we be surprised... Time to feather our own nests boys
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