Post by Banjo on Sept 4, 2011 9:25:16 GMT 7
There's been some recent discussion on applying for the OAP if you've been living overseas.
Word of mouth seems to be that returnees must live in Australia for two years before they are eligible OR must stay in Australia for two years after it's granted.
We need to look at the law and the rules.
SOCIAL SECURITY ACT 1991 - SECT 43
Qualification for age pension
(1) A person is qualified for an age pension if the person has reached pension age and any of the following applies:
(a) the person has 10 years qualifying Australian residence;
(b) the person has a qualifying residence exemption for an age pension;
(c) the person was receiving a widow B pension, a widow allowance, a mature age allowance or a partner allowance, immediately before reaching that age;
(d) if the person reached pension age before 20 March 1997--the person was receiving a widow B pension, a widow allowance or a partner allowance, immediately before 20 March 1997.
Australian residence definitions
(1) In this Act, unless the contrary intention appears:
"Australian resident" has the meaning given by subsection (2).
2) An Australian resident is a person who:
(a) resides in Australia; and
(b) is one of the following:
(i) an Australian citizen;
(ii) the holder of a permanent visa;
(iii) a special category visa holder who is a protected SCV holder.
www.austlii.edu.au/au/legis/cth/consol_act/ssa1991186/
------------------------------------------------------------------------------------------------------------------------------
OK, that's the law, now the rules.
Eligibility
To qualify for Age Pension, you must first satisfy the age and residence requirements. Centrelink then works out how much Age Pension is payable. This depends on your income and assets and other circumstances.
If you are legally blind, you may be eligible for Age Pension (Blind), which usually has no income or assets test.
Residence requirements
To lodge an Age Pension claim you must be an Australian resident and in Australia on the day that you lodge your claim.
To qualify as an Australian resident you must be living in Australia as:
* an Australian citizen, or
* the holder of a permanent resident visa, or
* a New Zealand citizen who was in Australia on 26 February 2001, or for 12 months in the 2 years immediately before that date, or was assessed as "protected" before 26 February 2004.
To be paid Age Pension, you also need to meet the 10-year qualifying Australian residence requirements, unless:
* you are claiming under an international social security agreement, or
* you are a refugee or former refugee, or
* you were getting Partner Allowance, Widow Allowance or Widow B Pension immediately before turning Age Pension age, or
* you are a woman whose partner died while you were both Australian residents and you had 2 years residency immediately before claiming Age Pension.
Note: The 10-year Australian resident requirement means you have been an Australian resident for a continuous period of at least 10 years, or for a number of periods which total more than 10 years, with one of the periods being at least 5 years.
www.centrelink.gov.au/internet/internet.nsf/payments/age_residence.htm
Discuss.
Word of mouth seems to be that returnees must live in Australia for two years before they are eligible OR must stay in Australia for two years after it's granted.
We need to look at the law and the rules.
SOCIAL SECURITY ACT 1991 - SECT 43
Qualification for age pension
(1) A person is qualified for an age pension if the person has reached pension age and any of the following applies:
(a) the person has 10 years qualifying Australian residence;
(b) the person has a qualifying residence exemption for an age pension;
(c) the person was receiving a widow B pension, a widow allowance, a mature age allowance or a partner allowance, immediately before reaching that age;
(d) if the person reached pension age before 20 March 1997--the person was receiving a widow B pension, a widow allowance or a partner allowance, immediately before 20 March 1997.
Australian residence definitions
(1) In this Act, unless the contrary intention appears:
"Australian resident" has the meaning given by subsection (2).
2) An Australian resident is a person who:
(a) resides in Australia; and
(b) is one of the following:
(i) an Australian citizen;
(ii) the holder of a permanent visa;
(iii) a special category visa holder who is a protected SCV holder.
www.austlii.edu.au/au/legis/cth/consol_act/ssa1991186/
------------------------------------------------------------------------------------------------------------------------------
OK, that's the law, now the rules.
Eligibility
To qualify for Age Pension, you must first satisfy the age and residence requirements. Centrelink then works out how much Age Pension is payable. This depends on your income and assets and other circumstances.
If you are legally blind, you may be eligible for Age Pension (Blind), which usually has no income or assets test.
Residence requirements
To lodge an Age Pension claim you must be an Australian resident and in Australia on the day that you lodge your claim.
To qualify as an Australian resident you must be living in Australia as:
* an Australian citizen, or
* the holder of a permanent resident visa, or
* a New Zealand citizen who was in Australia on 26 February 2001, or for 12 months in the 2 years immediately before that date, or was assessed as "protected" before 26 February 2004.
To be paid Age Pension, you also need to meet the 10-year qualifying Australian residence requirements, unless:
* you are claiming under an international social security agreement, or
* you are a refugee or former refugee, or
* you were getting Partner Allowance, Widow Allowance or Widow B Pension immediately before turning Age Pension age, or
* you are a woman whose partner died while you were both Australian residents and you had 2 years residency immediately before claiming Age Pension.
Note: The 10-year Australian resident requirement means you have been an Australian resident for a continuous period of at least 10 years, or for a number of periods which total more than 10 years, with one of the periods being at least 5 years.
www.centrelink.gov.au/internet/internet.nsf/payments/age_residence.htm
Discuss.