Extended period overseas and returning to claim OAP

[downunder]

Apologies to moderators if this is posted in wrong section.


I have been living in Asia for the last 12 months and other than 3 planned trips totalling 5 weeks I will continue to be in Asia.



I will be eligible for an OAP in mid 2015.



In the meantime I have been doing a little research into requirements and find information somewhat vague.



A little background on my situation



I have more than 10 years permanent residence in Australia from 1972 to 2006 (34 years) with very little time out of Australia other than an occasional holiday. I have been employed continuously during that same period without any Government assistance or Dole.



I took early retirement from work in 2006 and started to play a little Golf overseas from 2006 on conducted tours always returning to my owned residence in Australia. This activity has been continuous since 2006 with each year spending a shorter duration in Australia.



I sold my house in Australia in August 2012 due to cost of maintaining during my absences from Australia and financial pressure caused in 2008 by the EFC.



Over the last 3 years I have probably only been in Australia 3/4 months of year and may suffer under the rule of residency requirements for proceeding 2 years before being eligible for the OAP.



While in Australia I now reside with friends in Brisbane.



My queries are:



I have read that if you have 10 years permanent Australian residence, and return to Australia to reside, you do not need to wait two years before applying for the Australian Age Pension.



However, you must reside in Australia for at least two years before your Age Pension will be payable overseas. Once you have met the two year former resident requirement you will be able to travel overseas and retain your Age Pension under the indefinite portability provisions.



As I have had 34 plus years continuous residency in Australia before recent absences does this allow me to immediately draw a OAP in mid 2015 if I return with only requirement being that I have to stay in Australia for 2 years before I can leave again on overseas trips?



If caught up by this 2 year penalty time I wonder if it can be served in another Country such as NZ where Australia has a Social Security Agreement and if so does one still get the same basic OAP minus of course all the other addons like rental assistance and discounts on other services?



Govt WEB page states



Negotiations for new agreements are under way with a number of other countries. I wonder if Asian countries on the planned list?



Appreciate any info that members can provide.

[Banjo]

Welcome to the board downunder.

You seem to have it fairly well worked out.

Just a suggestion, why don't you come back to Australia and wait the year out till you turn 65?
You could do a couple of short trips away in that time, and you should get portability of the Age pension straight away.
That's pretty well what I did and they would ahve had me redflagged.

I'm not sure about an agreement country, I think you would have to prove a connection to that country.

News to me about new agreements under way, be interesting to see if there are any new ones added.
I'd doubt it if there are any new Asian countries, if you check the list...

www.humanservices.gov.au/customer/enablers/centrelink/international-social-security-agreements/countries-that-have-agreements-with-australia

you will see Japan and Korea (it's gotta be South) are the only ones on it which may tell you something about the economic status of countries they signed up with.
Don't ask me how Greece got it.

We have a guy that knows a lot about NZ agreements here so he may have some information for you.

Edit:

I just re-read your post, do you spend 3/4 of one month in Australia or 3/4..9... of the total months per year.
If the latter I would say you have no portability worries.

[downunder]

Thanks banjo

No previous to June 2012 when I sold my property it was probably 4 months in Australia between 2008 and 2012

Did a lot conducted overseas golf trips between 2006 and 2008.

Latest stay in Thailand will be 13 months go back July for 20 days then again in November for 10 days and was thinking about going back end of March to start application process. Then maybe again 31/05/2015 or slightly before that date.

Got married as well she earns NO income does that effect any OAP payment if so may have to get divorced and marry again once OAP done and dusted.

So in answer to question only short periods in Australia this current 12 month period to end on May 2015 is looking like maybe 40 days maximum at this time.

Do you think its worthwhile going into Center link during my July visit.

As mentioned in orig post I stay with friends in Brisbane and have that as Electoral address did absentee vote last election.

Also if they look at my Passport I have 2 Thailand Retirement Visa stamps (it was a more practical visa)

Thanks for your help.

If I have to stay 2 years then guess will have to put up with it after exhausting all appeals.

Think one of my original questions was meant to ask was whether a returning resident might have to serve a penalty period with NO assistance. Have heard conflicting stories about that.

If can get OAP on birthday and have to serve out portability 2 year period it will be hard to be away from wife and kids.

Thanks

[Banjo]

I'm surprised to hear you are married downunder, 64 is far too young for such a responsibility.
You may need to reconsider.

Centrelink will make you wait the 2 years for sure unless you put some serious time in Australia in the next year.
What you can do while you are serving the time is make trips overseas, currently all it will mean is the time you spend overseas will be added onto the 2 years, or what is left of it when you leave.

Wife and kids?
Sounds like you were doing more than playing golf.

[downunder]

Inherited the kids 18yr and 16yrs old

Still a bit confused. Will I have to stay/wait 2 years with NO Centrelink support or Pension.

Then stay another 2 years with OAP before portability??

[Banjo]

No, you will get paid the Age pension from the day you turn 65.

Without portability it's cut of if you leave the country, then reinstated on your return.

[desperate]

Good advice Banjo
I would be grateful if you could also give me some advice .

I turn 65 in march 2015, and will have 44yrs residence . I have had a few short holidays in the Philippines of 10 days at a time during 2011 -2013. my last holiday was for 11 months  from may 2012 until April 2013 11monhs total,
I am still in Australia and I am wondering about my status re applying for my OAP in march 2015,
My question is do I have to stay in Aus until march 2015 to have portability with my OAP  or can I have a holiday in the Philippines say in December and return to Aus in February Apply for my OAP in March and still have Portability.
Would you suggest I just stay until I qualify.
 Thanks
desperate   

[Banjo]

So you have been in Australia for 12 months now and you have about the same to go to the Age pension?
I'd say that a 2-3 month holiday will not affect you, having said this, there is nothing in black and white regarding any "rules".

My time spent out of Australia in the 10 years prior to the Age pension was substantial, at least averaging 9 month a year.
This involved loss of residency 3 years ago, reinstated on appeal.

In the last 2 years I was probably out 6 months total and was considered a resident for Age pension purposes... with full portability.

It's a decision you have to make yourself, I would take the chance personally.

[desperate]

Woops I just realized a typo. should have been April 2014 I returned not April 2013.
So I have only been back from April 2014

[Banjo]

Well it's still your decision, I'd take a chance on it for 3 months away.

[desperate]

Thank You Banjo,
Your advice is always welcome

[downunder]

Jun 2, 2014 20:58:46 GMT 7 Banjo said:

No, you will get paid the Age pension from the day you turn 65.

Without portability it's cut of if you leave the country, then reinstated on your return.

Thanks again for your assistance Banjo

Guess I will have to cop the 2 years n the penalty box. But will fight it of course.

Another query

As I said I am married so guessing I will have to be honest in OAP application and tell them so. Guess this means that I will get the lower level of OAP based on a married couple (although we are living apart).

Wife has house I have my interests protected by a Usufruct Agreement and a car. For those unfamiliar with this agreement more info is here:

en.wikipedia.org/wiki/Usufruct

Property is in her maiden name as is M/V so if married then these two items in value would be less than A$70k so no issues there.

Maybe I should do the cheap Thai divorce think its less than 100 baht to do at Amphur and then I can honestly say I am single.

[Banjo]

We only accept honest people in this forum downunder , so I'm sure you will do the right thing.

Good to hear you plan to appeal the 2 year rule which is total bullshit for long term tax paying citizens.
I'll certainly be interested in supporting you in anyway I can.

[downunder]

Thanks Banjo

Have always done it honestly.

Sort of thinking out my attack/appeal plan now.

At what stage do they access you as being a non resident?

Do you get a letter after you are granted the OAP stating that you cannot leave the country for 2 years?

My plan is:

Getting a list of dates and trips I made between 2006 and late 2008 from the Tour company. Think I had at least a dozen or so entries into Australia between those dates and a similar mount over last 6 years. The last 2 years up to end of May 2015 are going to be the big issue as is my marriage in November 2012.

Also will be getting a full listing of my travel records from Immigration (exit entry dates guess it includes destinations as well.

Its available from www.immi.gov.au/managing-australias-borders/border-security/systems/movement-records.htm

This information is what I will use to demonstrate that I have been on a continuous holiday.

I will try to use this as the basis of my appeal process that I never thought of myself as a non resident just a person trying to enjoy holidays before losing mobility. Don’t know if it will be successful but it’s the only thing I can think of to justify lengthy absences from Australia.

I grey nomaded it overseas and now I am back.

If granted OAP in May 2015 can they deny portability after the 2 year period?

Thanks again Banjo sorry to annoy you just trying to do some early planning.

[Banjo]

There are no rules saying how long you can or cannot be out of the country for a certain period before you are denied portability. It is entirely the decision of Centrelink based on what information they have.

As you say, the major issue will be your last two years.

Centrelink will have your travel dates, they can get that off of Immigration themselves.

Your marriage will be a major consideration as "proof" you live overseas, this will be hard hurdle to overcome.
We have a member who lost the DSP on residency after telling them she had a house, an adopted child and pets overseas. This was finally upheld in the AAT.

Appealing to their better nature and asking for reasonableness is generally a waste of time, they have no better nature, any information you give them will be used against you.

What may be possible is that if you return to Australia until May and are still denied portability the time you are there will count to the two years waiting period.