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Post by anotherdsp on Feb 16, 2012 11:48:49 GMT 7
to banjo,which reassessment is that?
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Post by spaceyone on Feb 16, 2012 15:00:41 GMT 7
i started on dsp in early 2004,febuary i think? so how do i know what i am classified at or how do i find out my rating? I am not sure of the answer to that, based on the fact that I don't think they used the job capacity assessment system back then. However, it must be recorded in your Centrelink file somewhere. Rather than apply for your records and look for the information you seek, I would simply ring Centrelink and ask them to tell you. They will know where to look for it, and should be able to call it up on their screen. For anyone who has been through the Job Capacity Assessment system, it is contained in the assessor's report, which you can ask Centrelink to print out for you. You no longer seem to need to make an FOI request to obtain a copy of those reports.
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Post by anotherdsp on Feb 19, 2012 10:13:27 GMT 7
to anyone with advice? I have been back in aust 21 days now an would like to leave again,do you think i will have a problem or has anyone tried to leave an been told their pension would be stopped.?? this whole situation is a bit new to me but i have found this site informative!! thankyou
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Post by Banjo on Feb 19, 2012 10:53:56 GMT 7
The only sure way is to ask Centrelink. They will take a look at how much time you have spent out of the country over a certain period.... I've absolutely no idea what measuring stick they are going to use, then give you a decision. In an earlier post you say you have spent 8 of the last 12 months in Australia so I can't see you would have a problem, this is based on what they were doing in the past though.
If they do threaten to cut you off, you have to take it further, ask for the officer's team leader to review the decision, this is the first and simplest step. If the decision is upheld then you can ask to take it to the Administrative Review Officer. This gets more complex and you will have to wait for a decision. Up to you.
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Post by anotherdsp on Feb 28, 2012 8:06:09 GMT 7
to banjo,gday sorry to bother you but i was wondering if you had heard back from your friend that flew out last week yet an what were his cirumstances. thanks
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Post by Banjo on Feb 28, 2012 8:59:19 GMT 7
He's posting on the board but he's not gone into any details but I think it was just the normal rubberstamp "I'm leaving......OK, let us know when you return" jobby. I think this will happen without any rhyme or reason, someone will just get the right Centrelink officer and be allowed to leave and the next guy will get a "by the rules"person and get knocked back.
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Post by anotherdsp on Feb 28, 2012 9:47:16 GMT 7
ok thanx banjo,i have a feeling that certain people get red flagged when we ring up because of our time o/s already in the past year or whatever they judge this by.i will be talking with them this friday and see if i can leave,i will have been back 6 weeks or so by the time i leave.should b interesting!!
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Post by rowdy on Feb 28, 2012 9:57:45 GMT 7
ok thanx banjo,i have a feeling that certain people get red flagged when we ring up because of our time o/s already in the past year or whatever they judge this by.i will be talking with them this friday and see if i can leave,i will have been back 6 weeks or so by the time i leave.should b interesting!! Anotherdsp, Frequency and duration of overseas travel is only one factor taken into consideration in determining whether a person is considered a resident or not for Centrelink purposes. If the legislature had intended to limited the amount of overseas trips or length of trips in a year, that would have legislated. It hasn't. Section 7 SSAct (Residence Definition) also provides for all other relevant factors to be taken into consideration in determining ones residence status. AGREED, many people would be red flagged solely on their overseas trips. However, that is Centrelink taking a very narrow interpretation of residence. My advice is look over section 7 and the decided cases where residency has been an issue. Do your best to fit into that definition. Anchor yourself to Australia not the country you are travelling too. Good luck for Friday. Rowdy
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Post by anotherdsp on Feb 28, 2012 11:26:10 GMT 7
Rowdy,well i think i have good ties to my brother lives close like i can walk there.my mums buried 500mts up the road with me bro,lived here 25 years aussie bank accnt ect,but i only rent a room?to which isent them a letter stating that my landlord was happy for me to stay fulltime at his house?obviously he was trying to decide about residency,so if you tick all the residency boxes why does time in aust matter if you have have spent 2/3 months a year in aust?like do they have a dotted line on time spent in aust or up to there discression?once this letter gets scanned into the system i will ring an see what the ''specialist '' has to say to me,i thought i was in the ''not so bad group'' i think if you owned a house it would b easier to prove residency!! so in a way it suits the richer disabled more?? i think with me it frequency an duration would b their problem with me? i dont know how much weight the letter will carry but he asked for it.i told him i have no ties with bali an was proud to b an australian,which he duly noted??
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Post by zorro1 on Mar 1, 2012 11:56:29 GMT 7
I will fly out next week for my 13 weeks and will also go into a c/l office to ask about permanent portability.
Im only staying a few days but dont expect any drama as Im only 8 months into the DSP all up but you never know..
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Post by anotherdsp on Mar 1, 2012 13:26:31 GMT 7
hey zorro 1,so have you been in aust long before you go?do you think they will let you go?have you talked CIS about leaving?i was told they would stop my pension if i left the country??
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Post by zorro1 on Mar 2, 2012 6:55:30 GMT 7
hey zorro 1,so have you been in aust long before you go?do you think they will let you go?have you talked CIS about leaving?i was told they would stop my pension if i left the country?? Adsp, Im overseas now and heading back for 3 days. They are not "letting" me do anything its simply my choice to inform them Im going o/s so as to stay within the rules. I certainly wont be changing plans because some one on the end of the phone gives me there idea on residancy , one must keep in mind that some of these people dont have any power and control in their own lives so like to live out their fanatasys at c/link having said that I would definatley take anything in writing seriously and would formulate a plan around that.
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Post by anotherdsp on Mar 2, 2012 8:28:08 GMT 7
thanx zorro,i dont know if i am right but is it that some people can still leave the country an some cant?you say u r only 8 months into dsp? i had a phone interveiw waiting for me when i got back.they sent me a letter with 28 days to ring up about interveiw but i wasnt due back until after the 28 days run out,it was a letter not an email.
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Post by anotherdsp on Mar 9, 2012 12:38:35 GMT 7
well ok i had a phone call from C/IS about me wanting to leave soon,(but i have family reasons to stay here at the moment) about leaving now,not allowed because of time spent away.in a couple of weeks he said i could have a month out of aust max? we talked about residency which i have proven.if i am allowed one month but not 13 weeks. i have been travelling since 2004 and spending 9 months a year away so anyone with similar travel are you having the same problem as me? ihave had a phone interveiw but no reveiw ,i have had 3 jca in the past 6 years. i am grandfathered been on dsp since early 2004. 1st left the day they changed from 26 to 13 weeks! so i will do my family things then "APPLY" to leave!! i already lost 2an a half kilos!! i need out!! thanx
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Post by rowdy on Mar 9, 2012 12:46:12 GMT 7
well ok i had a phone call from C/IS about me wanting to leave soon,(but i have family reasons to stay here at the moment) about leaving now,not allowed because of time spent away.in a couple of weeks he said i could have a month out of aust max? we talked about residency which i have proven.if i am allowed one month but not 13 weeks. i have been travelling since 2004 and spending 9 months a year away so anyone with similar travel are you having the same problem as me? ihave had a phone interveiw but no reveiw ,i have had 3 jca in the past 6 years. i am grandfathered been on dsp since early 2004. 1st left the day they changed from 26 to 13 weeks! so i will do my family things then "APPLY" to leave!! i already lost 2an a half kilos!! i need out!! thanx I would have asked for all of that in writing. They are making decisions not in line with the legislation.
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