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Post by hypoman on Nov 20, 2014 7:12:40 GMT 7
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Post by hypoman on Nov 20, 2014 7:15:13 GMT 7
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Post by hypoman on Nov 20, 2014 7:26:54 GMT 7
and this was regarding acute family crisis: please update if changes were made with the new leglislation.
Acute family crisis
A recipient's overseas absence for the purpose of attending to an acute family crisis can be for a limited and specified period of time. The delegate must be satisfied that the absence is:
for the purpose of visiting a family member who is critically ill, or
for the purpose of visiting a family member who is hospitalised with a serious illness, or
for a purpose relating to the death of a family member, or
for a purpose relating to a life-threatening situation (other than an illness referred to in the first 2 dot points) that:
is facing a family member, and
is beyond the control of the family member.
If the recipient's circumstances satisfy the acute family crisis criteria then payments may continue only for a reasonable amount of time (up to a maximum of 6 weeks) for the recipient to visit an ill family member, deal with a family member's death or to deal with a life threatening situation.
Example: 2 weeks will normally be sufficient for a recipient to visit a family member who is critically ill or who has been hospitalised with a serious illness.
The criteria for an acute family crisis (as provided by the legislation) indicates that, in most cases, the circumstances under which payment can be made while a recipient is overseas will be due to an immediate or emergency family situation.
Example 1: The recipient's family member is currently critically ill.
Example 2: The recipient's family member is hospitalised with a serious illness.
Example 3: The recipient's family member is currently facing a life threatening situation.
Example 4: The recipient's family member has recently died.
Where the circumstances relate to the death of a family member, however, and subject to decision maker's satisfaction that the main reason for the travel relates to the death of a family member, consideration can be given to paying the recipient while overseas at any time after the family member's death, even when the travel is not in the period immediately following the death of the family member.
Applicable situations where overseas travel might relate to the death of a family member and where the circumstances are not immediate or an emergency, could include the following scenarios:
where a funeral or memorial service for the recipient's deceased family member is delayed due to factors outside the recipient's control,
where the body of the recipient's deceased family member is found after being missing or is released after being held for purposes relating to a legal investigation, or
where the recipient was unfit for travel immediately after the family member's death (the recipient must have sufficient medical evidence to demonstrate that they were unfit for travel at the earlier time).
The decision maker may also give consideration to paying the recipient while overseas if the recipient's family member is facing a life threatening situation which is beyond the family member's control.
Example 1: A family member is taken hostage.
Example 2: A family member has been subjected to a creditable threat upon their life.
If the recipient's circumstances satisfy the criteria for an acute family crisis, then they may be paid while overseas for a specific negotiated period of no longer than 6 weeks. The length of payment will be restricted to the period of time required for the recipient to deal with the particular acute family crisis.
Recipients who wish to remain overseas following an approved visit to provide ongoing care to a family member are no longer considered to be 'visiting' and cease to be payable under this provision.
Act reference: SSAct section 1212A Meaning of acute family crisis
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Post by hypoman on Nov 20, 2014 7:28:47 GMT 7
Humanitarian purpose
A recipient's overseas absence for a humanitarian purpose can be for a limited and specified period of time if the recipient is:
involved in custody proceedings,
adopting a child,
involved in legal proceedings other than those in respect of a crime allegedly committed by the recipient,
a formally selected member of the Australian Paralympic Team, for participation as a competitor, at the international athletic competition known as the Paralympic Games, or
attending a memorial service that has been approved by the Australian Government to commemorate an event involving the death or serious injury of an Australian resident, if the recipient is the person who was seriously injured at that event, or is a family member of a person who died or was seriously injured at that event.
Other legal proceedings include circumstances such as where a recipient is required to appear as a witness.
If the recipient's circumstances satisfy the humanitarian purpose criteria, then payments may continue for a specific negotiated period of no longer than 6 weeks. The length of payment will be restricted to the period of time required for the recipient to deal with the particular humanitarian purpose.
Act reference: SSAct section 1212B Meaning of humanitarian purpose
Social Security Regulation 2012 section 4 Meaning of humanitarian purpose
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Post by Banjo on Nov 20, 2014 7:53:46 GMT 7
The bottom line with this stuff is that Centrelink has the final word on allowing it. We had numerous cases in the past where members attempted to extend their portability because of ill health overseas but the best of my knowledge none were ever successful. I also wrote to the minister at the time and asked for general statistics on applications for an extension/success rate but they refused to release this on the grounds it involved personal information...  ? The basis of their argument seemed to be that they would not accept reports from a non-Australian doctor. |
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Post by latindancer on Nov 20, 2014 16:51:13 GMT 7
They play their cards close to their chest.
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Post by nomadic on Nov 20, 2014 19:26:21 GMT 7
A few years ago i had a minor illness that made me ten days late back from the 13 weeks. i had a Thai doctors written report saying unfit to fly and they still took the ten days out of my pension. I appealed it and then got a letter before the appeal saying i would be reimbursed. Obviously they knew the appeal would cost far more than ten days pay. But they tried and i again had to have more anger and stress to win out. Penny pinchig to say the least.
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Post by Banjo on Nov 21, 2014 9:47:08 GMT 7
I would suggest that in the past this type of claim was refused on principal, then they back off at the appeal level.
Many people would not bother going on with it for a short overstay and give up when payment is refused, which, of course, is what they anticipate.
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Post by jimmy55x on Dec 14, 2014 11:55:44 GMT 7
I have to say recently C/L took a doctors letter from a Thailand hospital from me.
Thailand has world class hospitals in place, so why would they be able to knock you back I say
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Post by Banjo on Dec 14, 2014 12:58:48 GMT 7
Fair enough.
All I am saying is that in my 5 years of DSP activism it's the first case I've heard of.
Did they require a "back up" letter from your Australian doctor?
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Post by jimmy55x on Dec 15, 2014 7:04:03 GMT 7
Actually the Thai doctors letter supported my doctor here.
I will win its just a matter of time
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Post by Banjo on Dec 15, 2014 9:17:49 GMT 7
OK, I misunderstood you, I thought they had paid it.
You certainly have a very good case, go straight to Welfare Rights if they knock you back.
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