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Post by Banker on Jul 5, 2011 6:33:39 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.htmlrowdy, great find thanks for that. I have passed this onto my Lawyer friend, it will be interesting to see what he says. |
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Post by Banker on Jul 5, 2011 6:36:05 GMT 7
bit more further than Asia. Turkey.. Sorry mate I thought you would be in SE Asia  I guess cheap air fares would be hard to come by in that part of the world. |
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Post by Banker on Jul 6, 2011 6:59:36 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.htmlReading this case I'm inclined to agree with the decision. I also think the woman involved just loves court case so she could be a Drama Queen. Just my 2 cents worth. |
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Post by Banker on Jul 6, 2011 7:03:58 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.htmlrowdy, great find thanks for that. I have passed this onto my Lawyer friend, it will be interesting to see what he says. The reply I received from my Lawyer friend. "I swear they built this law to be confusing --it is clearly a purposeful act it is eazy to set out who is a resident without all of the various subsections one must wade thru here." |
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Post by spaceyone on Jul 6, 2011 10:43:44 GMT 7
Most of our laws are illegal, because they are not clearly written and easy to understand. There is a law which requires that laws are able to be understood by the layman. Therefore, all laws are illegal, as all are written in a way designed to confuse us and ensure the need for lawyers.
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Post by spaceyone on Jul 6, 2011 11:37:51 GMT 7
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Post by rodcourt49 on Jul 6, 2011 13:33:15 GMT 7
..webmania72..you may well be in Asia after all!
quote Wikipedia ]
3% of the land mass of Turkey is in Europe. This is called Thrace (Trakya), and comprices the provinces of Edirne, Luleburgaz, Tekirdað, Çanakkale and half of Istanbul.
The rest of Turkey is in Asia. In antiquity this was known as Asia Minor, and is called Anatolia (Anadolu) today.
The boundary between Europe and Asia is the waterways of the Bosphorus (divides Istanbul into two halves), Sea of Marmara, and the Dardanelles straits.
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Post by wbmania72 on Jul 6, 2011 16:17:27 GMT 7
mate,i dont wanna jump the gun,but..
whats your point?
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Post by barnsy on Jul 6, 2011 18:51:03 GMT 7
Hello all, I got this from Department of human services
Budget 2011-12: Disability Support Pension - portability changes
Description of the measure
From 1 July 2011, people who are severely disabled and who are substantially dependent on a family member who has been posted outside Australia temporarily for work may be able to receive Disability Support Pension (DSP) outside Australia for the period of the family member’s posting.
The customer must remain an Australian resident in order to remain qualified for DSP. This portability extension only applies for temporary absences from Australia.
This measure will assist families with dependents who receive DSP. It will enable family members to accept employment postings outside Australia knowing that their dependent will be able to accompany them and continue to receive income support.
It is expected that around 500 customers a year will enquire about this measure and around 20 customers a year are expected to be granted the extension.
Questions and answers
Who will be affected by this Budget measure?
Existing DSP customers may be affected by this measure if they are dependent on a family member who is posted outside Australia for work temporarily.
To be eligible, a DSP customer must be recognised by Centrelink as having a severe disability, be substantially dependent on a family member and be living with the family member during their absence from Australia.
The family member of the DSP customer must be working in Australia for the same employer who has posted them outside Australia immediately before their period of absence. They must continue working for the same employer during their absence.
The DSP customer must remain an Australian resident in order to remain qualified for DSP.;
Who will not be affected by this Budget measure?
DSP customers who do not meet the eligibility criteria will remain subject to existing portability rules.
Is it a new measure that will affect my family or me? If so, how are we affected?
Existing DSP customers who are substantially dependent on a family member who has been posted outside Australia for work temporarily may be able to receive DSP outside Australia for the period of the family member’s posting.
When will the changes be implemented?
If the current Bill before Parliament is passed without further amendment, 1 July 2011.
When will the changes end?
Not applicable.
How will I know if I am eligible for this Budget measure?
If you think you may be eligible, contact Centrelink and ask for advice. From 1 July 2011, Centrelink will assess your eligibility as part of a pre-departure interview and will advise you of your eligibility.
Do I need to do anything?
If you wish to receive DSP outside Australia under this measure you will be required to have a work capacity assessment and in some cases a new medical assessment before departing.
It is in your interest to notify Centrelink as early as possible of your travel plans. This will allow time for Centrelink to assess entitlements, organise a work capacity assessment and any necessary medical reviews.
The work capacity assessment, including any medical review, must be conducted in Australia before departure.
If I am eligible for this Budget measure, will there be changes to my obligations or reporting requirements?
Generally, normal obligations and reporting requirements will remain unchanged. If you depart Australia, you will be required to update your contact details with Centrelink. You will need to advise Centrelink if your family member’s employment changes or if the length of time you plan to stay outside Australia changes.
If the Budget measure involves a payment, when/how will it be paid?
The basic rate of DSP will not change under this measure. Some supplementary payments, such as Pension Supplement, will be affected if DSP customers remain outside Australia for more than 13 weeks.
For extended periods outside Australia, the frequency of DSP payments will change from fortnightly to every four weeks. Payments will continue to be made directly to customers’ nominated bank account.
What does ‘severely disabled’ mean?
A customer may be assessed as severely disabled if their impairment prevents them from:
•doing any work for eight hours a week or more for the next two years, and
•benefiting from training, education or rehabilitation to the extent of being able to work at least eight hours a week or more, or
•the customer is permanently blind.
Under certain conditions a DSP customer leaving Australia for more than 13 weeks must be assessed as having a severe disability to continue receiving payment.
What does ‘family member’ mean?
For this measure, a family member is defined as:
•the partner or a parent of the relevant person;
•a sister, brother or child of the relevant person;
•any other person who, in the opinion of the Secretary, should be treated as one of the relevant person’s relations described in paragraph (a) or (b).
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Post by rodcourt49 on Jul 7, 2011 8:07:32 GMT 7
mate,i dont wanna jump the gun,but.. whats your point? ..no point at all..just having a bit of fun with you mate..after all you did say you were in Turkey and not Asia! |
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Post by Banjo on Jul 8, 2011 10:22:44 GMT 7
I have a mate who lives on Cebu, he regularly ferries and overlands to Mindanao, northern Borneo then to Singapore or Malaysia where he has pre-booked a cheap flight to Australia with Tiger (still operating international I believe) or Air Asia. He gets to see some pretty interesting country as well. I certainly be checking out the Cebu Pacific Air website. www.cebupacificair.com/flights-and-fares/year-rounds-fares.html |
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Post by Banker on Jul 8, 2011 14:45:07 GMT 7
Thanks for that VDO spacey, very funny but very true. |
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