|
Post by Banjo on Jan 15, 2018 13:12:49 GMT 7
Just a couple of things which welfare rights may already have covered... Was the assessment done in 2014 against the New tables? When was the UP assessment completed? Was the mental health diagnosis by a clinical psychologist? It doesn't seem possible that Clink have done their calculations correctly... they can only raise a debt for the difference between Newstart and DSP for the period since the 5 point assessment was done... approx $100 A week difference I think for single rate? I wonder if they have done what they did with us and claimed the full amount rather than the difference? At one stage I owed them over $60,000, they started taking it back at $20 a fortnight. I worked out that I was going to be 120 years paying it back.
|
|
|
G DAY
Jan 15, 2018 13:45:36 GMT 7
via mobile
Post by tasjo on Jan 15, 2018 13:45:36 GMT 7
Are you able to appeal the debt separately to the UP application?
I've just done a rough calculation and the difference would be correct if backdated to the UP application in June 2015, but I would definitely as a minimum appeal the start date when they had no evidence or had made no assessment until after the JCA in Jan 2016. If nothing else it would reduce your debt by nearly $5k.
Also, check when you changed back to Newstart... from the decision of the AAT 2 you should not have incurred any debt. Again, at a minimum it 'should' reduce any debt.
|
|
|
G DAY
Jan 15, 2018 15:14:26 GMT 7
Post by Banjo on Jan 15, 2018 15:14:26 GMT 7
There's actually a part of the SSA legislation that says the Secretary can excuse the debt if the person has no capacity to pay. I applied for this as I refused to take NewStart when they threw me off the DSP subsequently having no income at all. When I won my appeal and the DSP was reinstated they also scrubbed the debt, which was actually unrelated to the issue I appealed, and gave me back 2 or 3 years debt repayments. I never quite worked out why and decided not to rock the boat by asking.
|
|
|
Post by Banjo on Jan 15, 2018 15:16:40 GMT 7
guides.dss.gov.au/guide-social-security-law/6/7/3/10Capacity to repay A debtor is taken to have capacity to repay unless recovery would result in the debtor being in severe financial hardship. The test for financial hardship is based on the debtor's individual circumstances. Act reference: SSAct section 1236(1A) The Secretary may decide…, section 1236(1C) For the purposes of paragraph… Debts that are irrecoverable at law A debt can only be written off as irrecoverable at law in the following circumstances: there is insufficient proof of the debt for it to be recovered through legal proceedings, or the debtor is discharged from bankruptcy, and the debt was incurred before the debtor became bankrupt, and was not incurred by fraud, or the debtor has died leaving no estate or insufficient funds in the estate to repay the debt. In these circumstances, the write off would be considered to be indefinite because it is a practical recognition of the inability to recover. Note: As of 1 January 2017, actions to recover a social security debt can be commenced at any time. The former 6 year statute of limitations no longer applies.
|
|
|
G DAY
Jan 18, 2018 5:21:58 GMT 7
Post by jimmy55x on Jan 18, 2018 5:21:58 GMT 7
Yes i am waiting for ARO decision then can appeal under SST, Legal rights are helping. I wont hold my breath but as stated above, there should be the short fall from new start to DSP. At that stage i will owe 4k, at $20 a fortnight they can wait
|
|
|
G DAY
Jan 18, 2018 6:23:54 GMT 7
Post by nomadic on Jan 18, 2018 6:23:54 GMT 7
you say legal rights jimmy. Do you mean legal aid or welfare rights? Legal aid I hope.
|
|
|
G DAY
Jan 29, 2018 4:18:32 GMT 7
Post by jimmy55x on Jan 29, 2018 4:18:32 GMT 7
Legal rights Queensland, They helped before. Its a long shot but you never know
|
|
|
G DAY
Jan 29, 2018 7:08:19 GMT 7
Post by Banjo on Jan 29, 2018 7:08:19 GMT 7
Basic Rights is what Welfare Rights are known as in Queensland. www.brq.org.au/
|
|
|
G DAY
May 13, 2018 10:09:23 GMT 7
Post by cocky1one44 on May 13, 2018 10:09:23 GMT 7
G'day all,
Have just joined the forum after a tip off from an acquaintance from another forum, my story goes like this.
I started work as a 15 year old in 1959 and retired on 19th of April 2007. My wife who had spent 15 years in Australia working for 12 of those years retired in November the same year. We also sold our fully owned house in November 2007 and moved to Thailand in January 2008 as self funded retireies with ample funds to last us for the rest of our time on this planet.
We set up a son with land, tractor, machinery and built a substantial house for him and his then wife to live as well as supplying ongoing funds for the operation. his appreciation was shown less than a year after by becoming a drug addict at 45 years of age.
We sold some land but since then have been unable to sell more even after 7 offers that lapsed because the banks wouldn't come to the party.It then became obvious that I would have to return to Australia and apply for the Aged Pension.
I arrived alone in Australia on the 13th of March this year and submitted an application for the Aged Pension on the 15th of March and was given a date of 3rd of May for a decision. Received a phone call from Centrelink mid afternoon on the day before and was told that I had to submit further documents from Thailand within 14 days or the application would lapse. I managed to get them and submitted them online on Sunday the 6th of may, heard nothing since.Have a very similar problem with Medicare.
My wife stayed in Thailand for medical reasons, documents supporting this were submitted. Apart from medical reasons, she has to keep an eye on 3 properties all of which are in her name.I didn't want her included in the claim but was advised by staff at Geraldton Centrelink that I had to even though she is not applying for the Aged Pension.
I have been under stress with all the uncertainty and are developing medical problems myself. My mental state is falling apart with financial problems I will face if it is not granted. My wife has sent me money from our joint account to cover any delay but leaves her short in the future.
EDIT - The Medicare issue has been resolved, the Medicare card arrived in the mail on Saturday although I am having trouble linking Medicare to MyGov.
|
|
|
G DAY
May 13, 2018 10:35:09 GMT 7
Post by cocky1one44 on May 13, 2018 10:35:09 GMT 7
|
|
|
Post by Banjo on May 13, 2018 10:59:30 GMT 7
Welcome to the forum cocky1. Your story is not uncommon these days, there is no way that you can be refused the pension with your work history but Centrelink could very well become difficult on portability after a ten year absence from Australia and your current strong ties to Thailand. If you feel that your pension application is taking too long you can contact Welfare Rights and ask them too assist. www.nssrn.org.au/services/#waI'm currently talking to Senator Rachel Seiwart's office on OAP portability and have had a very sympathetic hearing and she is going to raise the matter at the Senate Sub-Committee hearings. I'd like you to call her office and tell your story, you're a classic example of how someone who has earned his pension with a full Australian Working Life Residence of more than 35 years and is now being told where he can or cannot live. www.aph.gov.au/Senators_and_Members/Parliamentarian?MPID=e5z
|
|
|
Post by mulloway on May 13, 2018 11:02:14 GMT 7
Hi cocky1one44,
I see no problem with you qualifying for the OAP but the main obstacle I see you facing is proving to Centrelink that you have retained enough connection with Australia to still be called a resident. If they declare you a none resident then your Aged Pension might not be portable for a period of 2 years. In other words you will need to reside in Australia for more than 50% of the time over the next 2 years before you can receive it permanently in Thailand. The laws keep on changing though, it is hard to keep up these days, even centrelink's left hand doesn't know what its right hand is doing.
|
|
|
G DAY
May 13, 2018 11:19:02 GMT 7
via mobile
nomadic likes this
Post by tasjo on May 13, 2018 11:19:02 GMT 7
Have centrelink mentioned if you need to have a complex claim assessment? The issue if you do is that you may well get conflicting information when you call the standard people unfortunately. I second the recommendation to contact a federal mp though, if you arent receiving any payment currently your claim can be escalated and the federal mp is the quickest way to do this.
Also, I would be checking if you do have to provide your wifes details given that her income is staying in Thailand - I will have a bit of a look and see if I can find anything that might help.
|
|
|
G DAY
May 13, 2018 11:31:18 GMT 7
Post by nomadic on May 13, 2018 11:31:18 GMT 7
welcome cocky1one44 also. You are just another possible horror story of the human rights abuses caused by Australian politicians. In the next week or so i am hoping to put a document together with some other forum members to send to the Human rights equal opportunity commission (HREOC). Your case is just one example of families being separated because of these laws. But as you have not finished your dealings with them we can't add you to the list as yet. hopefully you will have no problems but if you do then you will probably be interested in any response from HREOC. good luck.
|
|
|
G DAY
May 13, 2018 11:49:58 GMT 7
Post by cocky1one44 on May 13, 2018 11:49:58 GMT 7
welcome cocky1one44 also. You are just another possible horror story of the human rights abuses caused by Australian politicians. In the next week or so i am hoping to put a document together with some other forum members to send to the Human rights equal opportunity commission (HREOC). Your case is just one example of families being separated because of these laws. But as you have not finished your dealings with them we can't add you to the list as yet. hopefully you will have no problems but if you do then you will probably be interested in any response from HREOC. good luck. Thank you I most certainly be interested in any response from HREOC.
|
|