86yr old NZ in AUS, mums OAP cut to $190 while abroad-AWLR ?

[hypoman]

I just realised mums pension has been cut from $689 to $190 for her last 2 payments, one just paid today.
shes staying with my family and I in the Philippines and has been here for just over 6 months.

She and I, are both Kiwis and have been in Australia since 1981.
thgis means weve been living in aus for 33 years.

does this mean the new 35yr AWLR has caused her pension to be so drastically reduced?

normally we get by fine, with me heading back every 6 weeks and her being well cared for by the family while im in aus.
only option may be to bring her back to aus for a couple of months, then return for just under 6 months as a tourist. but would the AWLR still be applied if shes out of the country for future trips of less than 6 months?

To make matters worse shes just busted her shoulder last week. we were both due to be landing in Sydney TODAY, as per my 6 week rule and mum was going to head back with me for a couple of months. Now she cant fly and my pension payments will be stopped from tomorrow. have tried emailing centrelink but no reply. just finding an email address was impossible so i sent to the complaints dept.

sorry for the questions - im just not real clued up on these things and get easily confused by leglislation on the govt websites.

[latindancer]

Hypoman,
I suggest you get on Skype or whatever cheap phone card you can get in the Philippines and call Centrelink, and speak to an actual person. At the very least, you need to stop your pension payments being cancelled tomorrow. It is a pain to get them UNcancelled after they have been.

Here are some numbers :

1800 1611 0046 ...freecall from the Philippines. (I am not sure if this number is International Services, or just a number for anyone on any other benefit to call Centrelink from outside Australia). So here is their other number:

International Services 131 673 MON-FRI 8:00am - 5:00pm


Older Australians 132 300
Age Pension, pensioner concession cards, Bereavement assistance, Widow B Pension, Wife Pension, Commonwealth Seniors Health Card MON-FRI 8:00am - 5:00pm


132 850
Exceptional Circumstances Relief Help MON-FRI 8:00am - 5:00pm

[Banjo]

Jeez mate you are really having a bad run.

AWLR for her should be based on 25 years for her but it seems that it's not.

The Budget proposal is to extend the current 25 years AWLR requirement, to attract a full-rate of payment otherwise payable in Australia, out to 35 years of AWLR.[6] This is to apply from 1 January 2014 to persons who, having exceeded their 26 weeks temporary absence period, are resident overseas. Additionally, the AWRL rule is to be applied separately to a partnered pensioner. Currently, a partnered pensioner (WP) can rely on the primary pensioner’s AWLR to set their rate. This latter requirement will not involve many recipients — as at June 2010 there were only 24 655 Wife Pension recipients[7] and, of these, only 969 were resident overseas.[8]

So no grandfathering there either.

It appears that they have taken her AWLR from the day she actually went on the age pension, so if she's been on it 20 years for example it would bring her AWLR down to 13 years....
I'm not sure that this is right and like all new changes to the legislation it could be a struggle to find someone who knows anything solid instead of making it up as they go along.

Keep trying the free call, it may be worth trying the normal international number using Skype, you could get lucky.
Other than that the old standby Welfare Rights is always worth a call.

[Banjo]

Yeah it stops adding up when they go on the Age pension.

7.2.2.40 Australian Working Life Residence
Accrual during absences from Australia (1.1.A.320)

AWLR (1.1.A.340) is the number of months that a recipient has resided in Australia between the ages of 16 years and age pension age. Recipients may continue to accrue AWLR during an absence from Australia, PROVIDED THAT they are considered to be an Australian resident (section 7(2)) during the absence and they have not yet reached age pension age (section 23(5A) to section 23(5D)). This means that their proportional rate of pension must be reviewed annually while they are overseas. The term 'AWLR' represents residence during this period only - the person does not have to be in paid employment.

guidesacts.fahcsia.gov.au/guides_acts/ssg/ssguide-7/ssguide-7.2/ssguide-7.2.2/ssguide-7.2.2.40.html

You need to find out if the NZ pension carries over.

[blacktulipvampire]

Hi Hypoman,

Re AWLR - I am not even sure the legislation has passed yet. The Social Security Guide still quotes 25 years and was updated on January 2nd (see what's new) with no mention there.

guidesacts.fahcsia.gov.au/guides_acts/ssg/ssguide-guide-updates.html
guidesacts.fahcsia.gov.au/guides_acts/ssg/ssguide-7/ssguide-7.2/ssguide-7.2.2/ssguide-7.2.2.10.html

I managed to find the bills digest on the parliament page - but no info if it's passed. Perhaps some-one who knows their way around that site can check.

I will cut and paste a bit from the digest, to support what I was told a while back by Centrelink. That is, if you are already overseas on Jan 1st and AWLR applies to you, then you stay on the old rules until you return. ( I notice in the digest, it says return for more than 26 weeks )

Something else I noticed in the digest was the mention of residence ....

The only thing i can think of is that they are applying the new rules because she is in the system as only being away on temporary basis, and maybe it is only non residents that are protected.

You, or someone else, will have to find the actual wording in the ACT, or proposed/passed bill to clarify that, but given the massive drop in payment, I'd say it is worth looking into.

Even under 35 yrs rule that's a big drop, altho some add-ons stop anyway. You need to call International and find out why. I would view that call as a " get information " call ... not provide information. Wait until you have all the facts until you start discussing if she is there temporarily or permanently.

Here's what is in the Digest ... but thats not the official legislation wording.

Bills Digest

schedule 4 proposes to extend the Australian working life residence (AWLR) requirement for unlimited
portability of a pension payment from 25 year to 35 years.This measure was announced in the 2012
13 Budget and will apply from 1 January 2014
.
Those pensioners already residing overseas will not be subject to the new rules unless they return to Australia for a period longer than 26 weeks.

item 6 provides savings provisions for those outside Australia on 1 January 2014 or those in Australia but not
‘residing in Australia’ on 1 January 2014.Those residing out of Australia on 1 January 2014 who are in receipt of
a payment with unlimited portability will not be subject to the proposed new AWLR provisions unless they return to Australia on or after 1 January 2014 and do not depart again for 26 weeks. Those in Australia on 1 January 2014 who are in receipt of a payment with unlimited portability but who are not resident in Australia will also not be subject to the proposed new AWLR provisions unless they remain in Australia beyond the 26 week period beginning on 1 January 2014.

[blacktulipvampire]

RE extension of DSP - it does say a family member under

the victim of a robbery or serious crime,
see

guidesacts.fahcsia.gov.au/guides_acts/ssg/ssguide-7/ssguide-7.1/ssguide-7.1.2/ssguide-7.1.2.10.html

I wonder also, if the AWLR (if thats whats changed her payments ) can be over ruled by this provision in the Act. Not only was she injured and still unable to travel (you'd have to prove that), but it does list

required to remain overseas in connection with criminal proceedings,

Were you not a witness ? and therefore also required to attend court etc ?

[fedup]

I thought if you were a New Zealander with residency in australia, on an Australian pension,dsp OAP,etc, your status as a resident of either country ,was counted as if you were a resident of Australia and vice versa, at least under the mutual agreement rules,


Regardless this is a despicable and immoral act, especialy to someone in their eighties

And how many people actually know or are informed of what these sinister and all,too frequent changes to the ss act will have on them

Underhanded unscrupulous pen pushing soul less parasites on humanity,feathering their own nest whilst stealing eggs from another

Scandalous

[hypoman]

nzders have a sc visa (special catergory visa) so its basically the same as an aussie passport. (i think!).
either way i got onto welfare rights and they will contact clink for me . i just hjave to send some evidence of mums broken shoulder.

they did ask me if i was on a married rate though. under section 24 Im on the single rate anyway so thats all good. the mrs owns nothing and has no income so were ok there. only problem is my marriage is on the rocks now anyway. All this has just been too much on us and were both starting to skitz out. plan is to juist get mum back to oz and spend some time there. later we may start travelling elsewhere in asia and ill see if i can set mum up in a better situation in thailand (or elswewhere). either way she will get better care and its not nice having her here when the mrs and I arent talking.

as for the AWLR its all so confusing and ill just have to try to work it out. we were out of the country when it did come in though so as you guys suggested we should have had that covered.
thanks so much for all the positive comments and support guys. I would be lost without this site and the wonderful people here!

Will get back onto WR tomorrow and keep you guys posted.