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Post by Banker on Jul 1, 2011 6:52:30 GMT 7
The July 2011 edition of the handbook is available now! July 2011 Update Bulletin # 34 Overview of changes – April 2011 to July 2011 This Update Bulletin sets out the major changes to social security legislation, family assistance legislation and policy guidelines that came into effect between April 2011 and July 2011. These changes include: · fortnightly payments for Child Care Rebate; · a larger portion of Baby Bonus paid up-front; · changes to the calculation of disregarded income for “work bonus”; · compliance changes including immediate non-payment for failure to attend an appointment or participate in an activity as required in an Employment Pathway Plan; · the introduction of a general residency requirement for Disability Support Pension; · New social security agreements with Hungary and the Yugoslav Republic of Macedonia; and · changes to the social security and family assistance rates and means tests… Full Bulletin at www.welfarerights.org.au/pages/issh.aspx
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Post by Deleted on Jul 1, 2011 12:00:55 GMT 7
Banker
Thanks for that info. I can use it if i ever get hassled by C/L. But i think they might leave me alone after my 1st and only review years ago. But in saying that you never know what Jenny Macklin wants to change next. Hope you feel better soon, Bedwin
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Post by Banjo on Jul 1, 2011 14:47:50 GMT 7
July 2011 Update Bulletin # 34 Overview of changes – April 2011 to July 2011
This Update Bulletin sets out the major changes to social security legislation, family assistance legislation and policy guidelines that came into effect between April 2011 and July 2011. These changes include:
fortnightly payments for Child Care Rebate;
a larger portion of Baby Bonus paid up-front;
changes to the calculation of disregarded income for “work bonus”;
compliance changes including immediate non-payment for failure to attend an appointment or participate in an activity as required in an Employment Pathway Plan;
the introduction of a general residency requirement for Disability Support Pension;
New social security agreements with Hungary and the Yugoslav Republic of Macedonia; and
changes to the social security and family assistance rates and means tests.
Following enquiries the Welfare Rights Centre has received in the course of provision of advice, we have also incorporated more information to the Handbook concerning:
a sample letter to a counsellor seeking evidence about the impact of domestic violence on a “relationship” in chapter 13 at 3.7;
a new section in chapter 13 at 3.7 on domestic violence; and,
a new sample letter for doctors filling out Disability Support Pension forms in chapter 25 at table 25.1.
This update also includes a substantial revision of chapters 32, 33, 34 and 35 concerning family assistance and child support. Summary of the main changes to social security law since April 2011
Fortnightly child care rebate payments
From 1 July 2011, a person who receives Child Care Rebate can choose from four payment methods:
to their bank account fortnightly
to their child care service fortnightly;
to their bank account quarterly; or
annually as a lump sum payment.
Unless a person elects to change their current arrangements, they will continue to receive payments either to their bank account quarterly or annually as a lump sum payment. Receipt of fortnightly payments will involve reduction by 15% until reconciliation at the end of a financial year.
Information about the Child Care Rebate generally including options for payment is found in chapter 33. Receipt of a larger portion of Baby Bonus up-front
Baby bonus claimaints who become eligible on or after 1 July 2011 will be able to get a larger portion of their baby bonus paid up front. The upfront amount for the 2011-12 financial year will be $879.77, with 12 subsequent instalments of $379.77. For the 2012-13 financial year and later years, the upfront amount is proposed to be 16.18% of the total amount of baby bonus. The changes do not affect the total amount of baby bonus, which from 1 July 2011 will be $5,437 per child.
Information about Baby Bonus including payment options is found in chapter 34. Changes to Work Bonus
“Work bonus” allows for a certain amount of employment income that is earned by a pensioner over age pension age to be disregarded for the purposes of the income test. Any remaining income which is not “disregarded” is then subjected to the income test for pensions, including the existing “income free area”.
From 1 July 2011 the way in which the amount which can be disregarded is assessed will change to a simpler formula.
From 1 July 2011, pensioners can earn up to $250 a fortnight without it being assessed as income. Any unused amount of their $250 fortnightly bonus can be built up in an income bank up to $6,500, with unused amounts able to be carried forward over years.
Previously the income that could be disregarded for pensioners over age pension age was calculated as:
half of all income earned per fortnight up to $250 (half of the first $500); or
where a person earns more than $500, then the first $250 of income earned over $500 each fortnight.
Under the previous rules, no ‘banking’ of disregarded income was possible.
Details of how work bonus operates are found in chapters 27 and 39. Compliance changes – suspended payments for failure to attend
From 1 July a person’s payment can be immediately suspended where they fail to attend an appointment or participate in an activity as required in their Employment Pathway Plan, or fail to comply with a reconnection requirement while in receipt of a participation payment.
Payments can be restored with full backpayment by agreeing to attend the appointment.
Where a person then attends a rescheduled appointment, no penalty will be incurred.
If the person then doesn’t attend their rescheduled appointment, payment will be again suspended. This time, however, where no reasonable excuse exists, a reconnection failure will be incurred, losing payment for each day from the second missed appointment until another rescheduled appointment is attended (with no backpayment).
Where a person has a reasonable excuse on the day for not attending an appointment or activity, it will not be accepted where advance notice could have been given. A person will need to give details of the circumstances that prevented advance notice from being given about their inability to attend.
Details of the current system of penalties and failures are found in Chapter 22. Ongoing residency requirement for Disability Support Pension From 1 July 2011 an ongoing residence requirement will come into effect for Disability Support Pension.
Currently Disability Support Pension is payable overseas for a maximum of 13 weeks. However it is possible for a person to live permanently overseas but return to Australia every 13 weeks to retain their pension.
Requiring a person to be an “Australian resident” to remain qualified for payment will mean that Centrelink can examine the intentions of the person and their links with Australia to decide whether they still regard Australia as their permanent home. For example property, bank accounts and family ties may be examined. With the new residence requirement, while multiple trips overseas in any given year are still possible, where it becomes apparent that a person no longer regards Australia as their permanent home, their payment may be cancelled.
The new rules won’t affect any Disability Support Pensioner who has portability under an International Agreement, is grandfathered from changes introduced in 2001 or 2004, or is entitled to portability because they are severely disabled, terminally ill, and overseas to be cared for by a family member. A Disability Support Pensioner with a severe disability who has a carer posted overseas for work will be entitled to continue to receive their pension for the period of the family member’s posting. The portability rules for Disability Support Pension, including how the new ongoing residence requirement affects these rules, are contained in chapter 25 at 2.6. New International Social Security Agreements
A new Social Security Agreement with the former Yugoslav Republic of Macedonia came into effect 1 April 2011. A new Social Security Agreement was signed with Hungary on 2 June 2011 and is anticipated to come into force midway through 2012.
For details about the other current agreements, see chapter 47. Changes to social security and family assistance rates and means tests
There were a number of changes to rates and means tests effective 1 July 2011 including changes to:
the maximum fortnightly rate for Family Tax Benefit A and B;
Family Tax Benefit income tests;
the amount of Baby Bonus;
Child Care Benefit rates;
Maternity Immunisation rates;
pension income and assets free areas;
pension disqualifying income and asset limits;
deeming thresholds;
allowance asset limits; and
parenting payment income limits.
These changes are found throughout the Handbook. Tables showing the new income thresholds and limits can be found in chapters 39 and 41. Chapters 38 and 32 details the new Rent Assistance thresholds.
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Post by barnsy on Jul 1, 2011 15:08:49 GMT 7
Disability Support Pensioner who has portability under an International Agreement, is grandfathered from changes introduced in 2001 or 2004
Please what does this mean ?
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Post by wbmania72 on Jul 1, 2011 16:25:58 GMT 7
"Currently Disability Support Pension is payable overseas for a maximum of 13 weeks. However it is possible for a person to live permanently overseas but return to Australia every 13 weeks to retain their pension." how can a person live permanently overseas but have to come back every 13 weeks to retain their pension? nothing has changed.just you can travel overseas up to 4 times.thats if you can save for airfare every 13 weeks again again and again...
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Post by Banker on Jul 2, 2011 6:25:26 GMT 7
Banker Thanks for that info. I can use it if i ever get hassled by C/L. But i think they might leave me alone after my 1st and only review years ago. But in saying that you never know what Jenny Macklin wants to change next. Hope you feel better soon, Bedwin bedwin, Im feeling a bit better thanks, I go back to the Dr today for some more tests. As far as Medical reviews go I think a lot will depend on ones age, but then again we are dealing with C/L so we never really know.
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Post by Banjo on Jul 2, 2011 6:48:24 GMT 7
The DSP used to be subject to regular medical reassessments a few years back, I think I did a couple, the last one about 5 years ago and then that seemed to be the end of them.
Now days they find other ways to cut you off, disputing your disability must have got too hard.
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Post by latindancer on Jul 2, 2011 10:52:49 GMT 7
" the introduction of a general residency requirement for Disability Support Pension".
Anyone know exactly what this requirement entails ?
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Post by Banjo on Jul 2, 2011 14:50:26 GMT 7
No, the term ''general'' means exactly that, it will be what Centrelink want it to be and they will expect DSP recipients to be able to prove they live in Australia. The actual legislation is virtually identical to what they were using last/this year.
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Post by Banjo on Jul 2, 2011 18:46:04 GMT 7
Point taken with the Borrowman case, but how is the new legislation much different for travelers like the people who started this board? If you have been recently declared a resident by an appeals process on investigations conducted under the old legislation can they then start again under the new? Surely they could not then use previous absences as proof of non-residence?
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Post by Banker on Jul 3, 2011 12:47:16 GMT 7
Whilst the government couldn't back down from the legislation, there has been a change in policy which means the interpretation of residence has eased. I received a letter from the office of the Hon. Jenny Macklin MP last week informing me of the changes in (ever so slightly) more detail then we already knew on this board. Immediately after the soon to be introduced legislation allowing unlimited portability for the disabled with no future workforce capacity was described. The impairment table for this has net yet been created so there was no comment yet on eligibility. Point made with the letter is that now the law is in place, Centrelink can easily cancel the payments of recipients that spend too much time away from Australia. Whether or not these cancellations are upheld on appeal I very much doubt. With that in mind I hope anyone possibly affected by these changes to the legislation can find this board and get the right help and assistance to maintain their dignity and freedom of travel. Can you post a copy of this letter? Delete the names of course.
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Post by wbmania72 on Jul 4, 2011 16:55:25 GMT 7
how on earth i'm gonna come up with $2200 for airfare every 13 weeks? why cant it be done at the consulate in the country we live if they wanna know we still alive? why do they MAKE and FORCE you spend all that money to fly back,say hello and piss off again? whats the POINT of it?what benefit do they get by make you spend money to come back? Do they in a 50/50 business with airlines? shares? or commission maybe?
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Post by Banker on Jul 4, 2011 17:26:59 GMT 7
how on earth i'm gonna come up with $2200 for airfare every 13 weeks? why cant it be done at the consulate in the country we live if they wanna know we still alive? why do they MAKE and FORCE you spend all that money to fly back,say hello and piss off again? whats the POINT of it?what benefit do they get by make you spend money to come back? Do they in a 50/50 business with airlines? shares? or commission maybe? $2,200. Where are you flying from the North Pole? I book my ticket months in advance. From Where Im at in SE Asia the last ticket $420, return including excess baggage, pick a good seat, insurance and all taxes. I got email today with some Air Asia specials coming up eg. Perth to KL $175. Gold Coast to KL $225. Gold Coast to Bangkok $309. There are some good deals out there if you do some searching and prepared to book well in advance.
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Post by wbmania72 on Jul 4, 2011 19:27:36 GMT 7
bit more further than Asia. Turkey..
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Post by rowdy on Jul 4, 2011 19:56:32 GMT 7
An interesting recent case of the AAT where 'residency' was tested. Involves the age pension but the principles are still the same. R ahn and Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2011] AATA 429 (7 June 2011) www.austlii.edu.au/au/cases/cth/AATA/2011/429.html
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