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Post by mikey on Jul 13, 2016 14:17:49 GMT 7
As of March 2016, in the 65+ age group there were 45,000 still on DSP, so it really is up to you to change over.
Though a government who decided to actively chase changeover, could claim they'd reduced DSP by 45,000.
I think when the new IT system is introduced in 4 years time, a lot of things that are too hard to do now, will become easier at just the push of a button.
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Post by chris on Jul 13, 2016 16:53:45 GMT 7
Denis. You have not pointed out that a person who does his 2 years back in Australia, will have his first 6 months out of the country at full pension, with a reduced supplement. Before reverting to a pension based on the AWLR.
A person with less than 35 years AWLR is probably better off going back to Australia every 6 months. Unless of course more unfavorable legislation is passed meanwhile. We think it wont be, but it's a good idea to keep an eye on any further changes.
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Post by Denis-NFA on Jul 14, 2016 3:26:45 GMT 7
Denis. You have not pointed out that a person who does his 2 years back in Australia, will have his first 6 months out of the country at full pension, with a reduced supplement. Before reverting to a pension based on the AWLR. A person with less than 35 years AWLR is probably better off going back to Australia every 6 months. Unless of course more unfavorable legislation is passed meanwhile. We think it wont be, but it's a good idea to keep an eye on any further changes. chrisIt took them 8 weeks to strip my 'supplement' back to the bare minimum when I left in 2013 and I have no doubt that if they were able to reduce my pension on the grounds of AWLR they would have done it at the time. So no, I didn't mention the 26 weeks. PS I think you will find that the 26 weeks is like a 'come on' because if you spend 26 weeks, at the moment, back in Australia then they take portability back off you.
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Post by Denis-NFA on Jul 14, 2016 5:31:04 GMT 7
And chrisI originally told them that I was only going for 26 weeks.
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Post by Banjo on Jul 14, 2016 7:54:44 GMT 7
I'm not sure that you would automatically lose portability after 26 weeks in Australia but if intended to spend that long there I certainly have a long talk with someone from International Services and explain my reasons for it.
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Post by scallywag on Jul 14, 2016 8:23:44 GMT 7
I'm not sure that you would automatically lose portability after 26 weeks in Australia but if intended to spend that long there I certainly have a long talk with someone from International Services and explain my reasons for it. It does seem ridiculous to lose portability when your health forbids you from traveling for 26 weeks .
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Post by Deleted on Jul 14, 2016 11:14:37 GMT 7
I just had a word with International Office of CL regarding the time limit on UP for DSP.
There is no period of time being back in Australia that would cancel UP. Once UP is issued, and here is the catch, it is for 5 years, as that is the time stated on the JCA that a person is deemed to not be able to work.
Of course, this is untested, as UP started in 2014. CL does not know what will happen when that year period expires, whether a new medical report is needed or not. As they say, its too far ahead and regulation may change in the meantime.
Which of course, is all ridiculous, as once DSP UP via JCA is done, the implication was that the medical condition was permanent. It simply gives govt an out to change things down the track. How SSAT would view that is another matter and I imagine grandfathering would be the step taken to stop appeals to SSAT?
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Post by Banjo on Jul 14, 2016 11:38:46 GMT 7
And, of course, neither the legislation or the Guide mentions 5 years. Good work Mike. And also... 1 July 2012 changes to indefinite portability of DSP
From 1 July 2012 DSP recipients with a severe impairment and no future capacity to work are eligible for indefinite portability of their pension. DSP recipients applying for portability under the 'severely impaired' provisions are required to undergo an assessment of their impairment and their future work capacity.guides.dss.gov.au/guide-social-security-law/7/1/1/10So some people 5 years would be up in July next year.
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Post by Deleted on Jul 14, 2016 12:06:17 GMT 7
And, of course, neither the legislation or the Guide mentions 5 years. Good work Mike. And also... 1 July 2012 changes to indefinite portability of DSP
From 1 July 2012 DSP recipients with a severe impairment and no future capacity to work are eligible for indefinite portability of their pension. DSP recipients applying for portability under the 'severely impaired' provisions are required to undergo an assessment of their impairment and their future work capacity.guides.dss.gov.au/guide-social-security-law/7/1/1/10So some people 5 years would be up in July next year. I am thinking back to my JCA and the provisions for it. 5 years, if my memory serves me, was a time frame as a MINIMUM that a person would not be able to do any work. A possible medical review or report after 5 years would simply confirm what they already knew : the condition was permanent. As such, there is no magical change in a permanent condition that would mean that not being able to work 5 years ago, means you magically can again. Its sounding like an interpretation that will quickly need to be addressed when this so called 5 years comes up, and as you mention Banjo, if the first were granted UP from July 1 2012, that would mean that July 1 2017 is when the JCA form says was the minimum time they cant work. CL should do a very quick adjustment to the interpretation to continue portability indefinatly. As, indefinate means what it says : never ending. Otherwise, it would be temporary portability. Which it isnt!!!!
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Post by Banjo on Jul 14, 2016 12:19:41 GMT 7
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Post by Deleted on Jul 14, 2016 12:33:08 GMT 7
Yes, well picked up. If anyone therefore is hauled in this should be quoted.
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Post by Banjo on Jul 14, 2016 13:03:36 GMT 7
To me the flaw/loophole in the unlimited portability legislation is that while a severe disability is clearly defined, no future work capacity is not. Someone on 15 points, in his late 50s and who has not worked for 20 years is as equally unemployable as someone with 20 points in a single disability, even more so.
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Post by murphy on Jul 14, 2016 13:10:59 GMT 7
Where a term isn't defined by the legislation, the AIA says the words are to be given their plain meaning. I wonder if there are any decisions which consider the term?
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Post by Banjo on Jul 14, 2016 13:23:58 GMT 7
I've watched the AAT rulings to see if it has been used but I've not seen it come up.
This was part of my letter to the ARO after I failed the Unlimited Portability JCA.
I would like the ARO to take into account other matters than the impairment tables that came into force this year, 1st January. The legislation clearly states that the pensioner must have no future work capacity. To determine this, a disability impairment rating only tells part of the story.
I would like the ARO to consider that I am over 64 years old. I would like the ARO to consider that I have been on the DSP for 15 years. I would like the ARO to consider that prior to my ceasing paid work I had a considerable history of Work Cover claims. I would like the ARO to consider that I was forced to sell my business in 1996 due to ill health. I would like the ARO to consider that the assessing officer considers me to be in the 0-8 hours a week work capability and most certainly unemployable. She told me this herself at the JCA
After considering this I would like the ARO to decide whether I would be considered by a future employer, in today’s job market, as suitable for ANY paid position. Then if such a position was advertised on the open market; whether I would succeed in getting the job.
Finally I request the ARO find that under the Act, I have no future work capacity and am therefore eligible for unlimited portability of the Disability Support Pension.
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Post by Deleted on Jul 14, 2016 14:11:50 GMT 7
I recently had JCA for Unlimited Portability.I have severe impairment , 20 points one table and 2 lots of 10 points other tables.Nothing given for Mental Health Table. Unsucessfull. Clinical Pshycologist report, stated I couldn't do any work for more than 2 hours per week. What should have been stated was 2 hours per week , for 5 years. As I found out with Phone call to Clink today. So I have to go back and get updated report, and then give to Clink with my appeal .
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