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Post by Banjo on Sept 3, 2013 7:26:58 GMT 7
I have been contacted by two members who were warned prior to leaving Australia that their frequency of travel is excessive and they may be placing their residency at risk.
People who continue to use this system rather than apply for the UP need to keep their residency ties to Australia strong and make it very plain that they are only holidaying away.
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Post by anotherdsp on Sept 3, 2013 7:58:36 GMT 7
to banjo,i was wondering when this would pop up,so a dotted line has set on amount of travel.do you know how much time they have been spending in aust Vs being abroad?
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Post by anthonydsp on Sept 3, 2013 9:18:17 GMT 7
they are really cracking down now i think u mite be safe with 3 trips a year on the 6 week rule so i urge you people if you want to stay longer out of australia then apply for i/p its the only way and as banjo said make sure you keep very stromg residencey ties to australia if not then bye bye dsp then you will have to go thru the process of appealing than if thats rejected then appealing to the aat and if thats rejected than you are up shit creek without a paddle so my advice is if you thonk you can obtain i/p and wish to stay out of australia longer than the 6 week rule then apply for it ITS THE ONLY WAY
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Post by brad61 on Sept 3, 2013 9:19:29 GMT 7
And if ip is denied ..bango sent to newstart
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Post by anthonydsp on Sept 3, 2013 9:30:21 GMT 7
hello brad no you are wrong in that u can still keep your dsp if you are denied the i/p to be sucsessful for i/p you need a rating of 20 points or more in a single impairment table and a 0-7 hours no future work capacity so even if you still have a rating of 20 points but with a work capacity of 8-15 hours a week with interventions then you retain your dsp you are only sent to newstart if you do not get the 20 points required for the dsp so u can have a total of 20 points in say 2 tables and keep your pension but you will not be granted i/p
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Post by fedup on Sept 3, 2013 10:35:09 GMT 7
Hmmmm
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Post by maca84 on Sept 3, 2013 10:53:58 GMT 7
Hello all,
It would be nice if Banjo could tell us how long those members been overseas so I can get an idea what will be excessive. Are they always travel to the same place?
My understandings: as long your travel is a trip to different destinations and your residency is Australia than there is no limit at all on overseas trips. If you travel always to the same place than this residency could be in jeopardy.
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Post by Banjo on Sept 3, 2013 11:30:00 GMT 7
One member was about to leave on his 4th trip this year, the staff member he reported to was the one that warned him.
He then went into his Centrelink service center and demanded clarification and was told to call Centrelink International from there and was told to take his trip and not worry.
I haven't been told the other persons frequency but I believe it has been often this year.
This was always going to be an issue when the legislation changed, some thought that when the portability changed from 13 weeks to 6 that they would be allowed unlimited trips overseas.
There was never any indication of this, we can only wait and see, IF people are cut off because of frequency of travel then they need to pursue it in the appeals system in the strongest possible manner.
Read the residency rules and make sure that you meet them.
Once again, what sort of a life do you have in Australia on the DSP at the moment?
Will it be any worse if you lose your pension and spend the next few months in the appeals system?
I've been cut off twice and reinstated, once by successful appeal, I failed the UP but kept my DSP on total points.
I had to wait but I'm now living where I want to live.
I've been fighting the system for more than 4 years and lost good friends when we disagreed on how to go about it but every one of you guys that gets through and gets the right to live where you want makes it worth while.
Centrelink will ALWAYS win when people give up.
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Post by baranghope on Sept 3, 2013 13:07:32 GMT 7
I would say there is a non legislated, not printed rule, adhered to by CL International with regard to how many 6 weeks stints you can take in a year, and that would 4 trips are okay if you are under the 6 months minus a day tax residency rule which applies everywhere on earth (almost). Of course, when you phone in to take a 4th 6 week trip they going to warn you and say OK. Meaning: 6 months and a day over and you are toast, furthermore, they question how you can afford to escape Port Arthur without having strong connections abroad and sly income, given that no DSPer can really afford 4 six week 'holidays'. Furthermore, they are going to want proof of your residency now brought under suspicion, you cannot lease a rental a go away for 6 months, kapisch? These people are just factotums, evaluating your life from the policies of CL, which like the whole ugly world now, are policies and values related only to the economy, money, and the market. You are just a delinquent client commodity now.
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Post by mick on Sept 3, 2013 13:30:37 GMT 7
I bet CL wont ever give clarification of this unwritten rule in writing, because they can't.
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Post by Banjo on Sept 3, 2013 14:00:52 GMT 7
What you guys don't seem to get is that they don't need to.
The "frequency rule" has never been tested because to my knowledge people who are cut of are cut off on residency grounds.
It's thrown in along with other stuff that they say proves you are a non-resident, but when it goes to appeal frequency is hardly mentioned because if you live in Australia you can travel as often as you like.
They have to prove you live overseas.
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Post by fedup on Sept 3, 2013 14:48:14 GMT 7
Personally I think it depends on the day who interprets what ,and how they interpret it.
My case is slightly different yet still at this stage somewhat complicated and untested in certain areas,as I am currently in a agreement country,which is another avenue for some
In regards the Residency thing,I think it's in one of my links or posts,where it says residency is not affected,not affected by what I can't recall ,as I am suffering mental overload,reading all their gobblygook ambiguous contradictory garbage .
It's a minefield out there,but I have my grenades.
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Post by Banjo on Sept 3, 2013 14:57:26 GMT 7
There would have to be a certain degree of consultation before they cut someone off, they know know that we are in their face on residency and portability, in fact we're probably responsible for quite a few thousand dollars worth of half day seminars on those subjects.
I agree though that personalities would certainly come into it.
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Post by maca84 on Sept 3, 2013 15:56:28 GMT 7
Thankx Banjo, great help. I had same happen to me. CL stuff on phone warned me and got nasty. I called IS and they said not to worry all fine. Since than i only call IS and asked them if they wanna get a copy of my itinerary.
UN convention also gives us the right to travel when ever we want. Australia signed this too.
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Post by Banjo on Sept 3, 2013 16:34:36 GMT 7
You make a good point with the UNHRC convention Maca but keep in mind that Centrelink consider that when you applied for the DSP you agreed to the stipulation that you be and remain an Australian resident.
What we argue with them over, of course, is whether their version of residency is legally correct.
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