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Post by zorro1 on May 16, 2014 9:30:36 GMT 7
just received
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Post by Banjo on May 16, 2014 9:49:40 GMT 7
OK Zorro, looks like everybody out of the country got one, Age and DSP.
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Post by zingzingzing on May 16, 2014 11:47:47 GMT 7
Wonder if that effects my chances of receiving Portability ? Because I'm not over 35.
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Post by Banjo on May 16, 2014 12:02:57 GMT 7
It wont affect your chances but you need to find out how AWLR affects your payments. In theory you have to have 35 years working life in Australia to live overseas on a full pension... DSP with UP or Age.
But I don't know if this affects people born in Australia but are not old enough to have the 35 years before they went on the DSP.
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Post by wbmania72 on May 16, 2014 18:49:30 GMT 7
does that mean after 1 july 2014 we UP/DSP'ers who lives in overseas got max 6 months to stay in OZ before been subject to new rules of AWLR?
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Post by Banjo on May 16, 2014 21:47:40 GMT 7
I think it means that anyone leaving the country after that date will be subject to the 35 year AWRL rule. If you stay away you should be OK, did you get a letter?
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Post by wbmania72 on May 17, 2014 1:45:33 GMT 7
no mate,i didnt get any letter.but it definitely will effect my situation for sure as i have only 20 years AWRL rule and i need to return to Oz to live there for a while.i still got 2 child whose are still studying in high school.
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Post by Denis-NFA on May 17, 2014 4:20:37 GMT 7
does that mean after 1 july 2014 we UP/DSP'ers who lives in overseas got max 6 months to stay in OZ before been subject to new rules of AWLR? Hey wbmania72My letter states that if you are outside Australia on 1 July 2014 then the rules that were in existence when you left will continue to apply for you. It also says that if you return to Australia and stay more than 26 weeks then the new rules will apply.
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Post by wbmania72 on May 17, 2014 14:10:33 GMT 7
does that mean after 1 july 2014 we UP/DSP'ers who lives in overseas got max 6 months to stay in OZ before been subject to new rules of AWLR? Hey wbmania72My letter states that if you are outside Australia on 1 July 2014 then the rules that were in existence when you left will continue to apply for you. It also says that if you return to Australia and stay more than 26 weeks then the new rules will apply. thanks mate. if my understanding is correct,some of us those hasn't got enough AWLR years has to fly-out/fly-in every 26 weeks just not to lose too much from our pension. that sucks. is there any info about minimum check-in/check-out time frame while we are in Australia? for example,Can we just fly out of country and come back the same or next day just before 26 weeks ends and still be safe for another 26 weeks?
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Post by anotherdsp on May 17, 2014 14:31:08 GMT 7
to wbmania,a good question!! i hope u can do that mate just to piss em off!! it will be like a reverse residency issue!! ha ha mayb you might have to be away 4 weeks!! tounge in cheek!!
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Post by Banjo on May 17, 2014 17:31:29 GMT 7
If you have UP I cannot see that there is any restrictions on how long you spend in Australia. That was always about residency which no longer applies.
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Post by Denis-NFA on May 20, 2014 2:02:27 GMT 7
thanks mate. if my understanding is correct,some of us those hasn't got enough AWLR years has to fly-out/fly-in every 26 weeks just not to lose too much from our pension. that sucks. is there any info about minimum check-in/check-out time frame while we are in Australia? for example,Can we just fly out of country and come back the same or next day just before 26 weeks ends and still be safe for another 26 weeks? All they said to me in the letter is if I have less than full AWLR and I come back to Oz and stay less than 26 weeks then I am okay. But they also said if I have less than full AWLR and stay longer than 26 weeks then when I leave my payment will be changed and calculated on the new system. I can send you the mathematics of the AWLR if you wish. Cheers NFA
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Post by Denis-NFA on May 20, 2014 2:13:27 GMT 7
If you have UP I cannot see that there is any restrictions on how long you spend in Australia. That was always about residency which no longer applies. Totally agree Banjo. You do not lose UP, ever. It's just the rate of payment could vary depending on AWLR and whether more or less than 26 weeks you visit Australia.
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Post by hypoman on May 26, 2014 7:38:31 GMT 7
I dont quite understand this, maybe someone can help me out here. My mother who is 87 is staying with my family in tghe Philippines. I come and go as per new rules (obviously next year there will be some major changes though, due to 4 week rule).
We are both SC (special catergory) visa holders as we travell on NZ passports and have resided in Australia for 33yrs, so dont qualify for 35yr AWLR.
from early jan this year mums pension was reduced to $190 a fortnight. she has been out of the country for about 12 months now (mainly due to a fall that rendered her unable to fly).
Initally I advised centrelink that we were both travelling together, however it wasnt entered into thier system when I queried them on my last return to Aus.(strange that!).
so mum was outside of Australia on 1st jan, yet the new rules state this isnt to be introduced till 1st july? Mum is due to return with me to Aus in mid june, however if she stays overseas, going by the current laws she will continue to be on 190 a fortnight. I just dont get it!
at the moment clink are saying she has been out of the country more than 6 months, therefore under new awlr rules her pension has been reduced. (after all her 6 months abroad was from the start of jan this year).
would it be true in saying if she returns to aus in mid june, then back to Philippines BEFORE 1st july she will get the full payment, not $190? will this be continuous or just for a 6 month period again until she returns to Aus.
sorry im pretty thick when it comes to legislation and reading govt forms etc, I get so confused!
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Post by Banjo on May 26, 2014 8:04:55 GMT 7
I think most of us find the legislation confusing. I remember your mother's case now, her AWLR is based on time she spent in Australia before she turned 65.
Those of us Centrelink considers to be residing overseas, DSP on UP and Age pension, got a letter last week telling us that if we did not have 35 years AWLR then we would be grandfathered (that was the way I read it anyway) on our current payments if we were out of the country on 1st July.
I'm not sure where your mother would stand here because her payments are already reduced under the 25 year rule.
If she returns to Australia, tells Centrelink she is going back overseas to live, leaves before 1st July and is away on that date, then in theory she would be kept on a full payment. I think you need more advice, Welfare Rights would have a better idea, they have a lawyer in NSW, maybe you could talk to him. We have contact details for him personally if you cannot get through.
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