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Post by JJJ88 on Jul 29, 2019 15:31:10 GMT 7
Thanks Admin for approving my account, I'm a newbie here so please delete the thread if it's not in the right spot.
Just have a quick question which I have already phoned the helpful people at International Services about, but unfortunately couldn't get a concrete answer due to the phone signal here.
My question is;
Can the DSP under the Indefinite Portability rules be all of a sudden cut off whilst residing overseas?
Is there any legislation or guarantee stating that a person that lives overseas permanently on the DSP will not get their lifeline cut off and become stranded in a foreign country?
Thankyou for your time and I hope someone can accommodate my query
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Post by Deleted on Jul 29, 2019 17:04:12 GMT 7
Welcome to the forum @jjj88 Your first question:- "Can the DSP under the Indefinite Portability rules be all of a sudden cut off whilst residing overseas?" To the best of our collective knowledge, the answer to that would be a definitive "NO". www.dss.gov.au/about-the-department/international/policy/portability-of-australian-income-support-payments"Is there any legislation or guarantee stating that a person that lives overseas permanently on the DSP will not get their lifeline cut off and become stranded in a foreign country?" The answer to this one is rather trickier as you haven't specifically stated the situation. i.e. Is the person on IP/UP? How long have they been away? What has prompted the second question? Below is a Q&A from this link:- www.brq.org.au › assetsPDF Indefinite Portability of Pensions and Former Residents - Basic Rights Queensland Q. I live outside Australia and I get Disability Support Pension paid to me under the new indefinite portability rules. Will I have to return to Australia to claim Age Pension? A.You can continue to receive Disability Support Pension after you reach Age Pension age if you are already on this payment. The basic rate of Disability Support Pension is the same as Age Pension. You may be able to transfer from Disability Support Pension to Age Pension without making a claim by calling Centrelink. You should speak to Centrelink or the Financial Information Service (132 300) about whether it is better for you to stay on Disability Support Pension or transfer to Age Pension. This is also an interesting read, re a DSPer on IP/UP returning to Australia for an extended period (6years) being declared a resident, having his portability taken off him; but ultimately having it being restored, through being declared a non resident. classic.austlii.edu.au/au/journals/SocSecRpr/2013/31.htmlPlease feel free to get back to us with further inquiries; cheers bear
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Post by nomadic on Jul 29, 2019 19:00:20 GMT 7
Bear is the expert so I agree with him. But as I always suggest as a general rule and not knowing your exact circumstances; ie how long have you been away on IP without returning, I suggest you never tell them you are leaving permanently. I say I am going indefinitely on holidays and I am indeed nomadic as I cannot stay in any one country longer than 3 months at a time. So not a citizen, resident or living anywhere other than Australia. That is the truth. I just take long holidays. Lucky me. I do regular returns at least yearly also. I do think they like to know you are still alive from time to time so that no one else is getting your money if not.
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Post by Deleted on Jul 29, 2019 20:07:48 GMT 7
Bear is the expert so I agree with him. But as I always suggest as a general rule and not knowing your exact circumstances; ie how long have you been away on IP without returning, I suggest you never tell them you are leaving permanently. I say I am going indefinitely on holidays and I am indeed nomadic as I cannot stay in any one country longer than 3 months at a time. So not a citizen, resident or living anywhere other than Australia. That is the truth. I just take long holidays. Lucky me. I do regular returns at least yearly also. I do think they like to know you are still alive from time to time so that no one else is getting your money if not. Bear is but a lowly admin, as well you know nomadic . Never having had the privilege of being on DSP/UP, I think you are more the expert on this one and due to the general nature of the query, we are would I think be jumping to conclusions that, the OP does in fact have UP. They could just be long term OS, grandfathered in 2004 and wondering about OAP. To the OP.....your Medicare will be cancelled after five years away continuously. If you ever need to return for medical reasons, you will be required to re-establish your residency, with Rental agreements and utilities, bank account, Rego etc., in order to be re-enrolled to receive free treatment. Cheers bear
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Post by JJJ88 on Jul 30, 2019 6:06:18 GMT 7
Thanks for answering my question and providing me with the informative links.
I departed Australia nearly 3 years ago as I was granted Indefinite Portability on the DSP. I told them I was leaving permanently as I have family on my mothers side here which is the truth.
The reason I asked the question's was because the DSP is my livley hood and only means of income due not being able to work eventhough I want to. My disability holds me back me to do alot of things I would like to do,
I'm sure others here are in the same boat
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Post by nomadic on Jul 30, 2019 6:36:29 GMT 7
Again jjj88 I don't believe you will have any problems but unlike bear says, I am not an expert either. Can only tell of my experiences and what I THINK is correct. Maybe if you can make a visit every now and again. Do you have an Australian address where your mail goes to? I think that helps also if you do. It really is a bit of a minefield but when I got U.P. my lawyer said that they can't keep changing the goalposts once you get it as I was concerned also. But now been away 7 years since I got it and 20 years in total including on the old rules of yester decades. But as I said I have been back at least once every year and still get DSP paid into Oz bank account and have an address of a family member. Hope that helps but not sure it will.
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Post by Deleted on Jul 30, 2019 7:05:06 GMT 7
As nomadic suggests above @jjj88. Within every five years will keep your Medicare active. It can be as short as a fly in, fly out I believe, though a week would look better. Having UP their is no requirement to advise travel movements, and regarding how you receive your payment; there is an option for payments to be made once a month direct into an OS (overseas) bank account. Some of our members do use this option. Keeping an Oz bank account and making your own transfers, is also still an acceptable option.Just some superfluous info in case you weren't aware! Cheers bear
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Post by JJJ88 on Jul 30, 2019 8:33:21 GMT 7
Thanks everyone for the info, every bit helps. I'm currently being paid monthly into an overseas bank account as an international customer, my Medicare card expires in 2021 so I guess I will have to go to Australia before then to renew. I said to Centrelink that I was going abroad permanently so I just get the basic rate with no add ons, I'm wondering if Medicare is one of the add-ons like the concession card? Or is it seperate? I sold my place in Aus to move abroad and bought a home overseas, so no I do not maintain an address in Aus. I do miss Aussie Beef, Vegemite and the TAB tho haha. Thanks again
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Post by Banjo on Jul 30, 2019 8:35:27 GMT 7
I'll weigh in on this, when I got portability of the Age pension and moved overseas I told Centrelink it was permanent. My reason for this was that I believe that if they ever moved the portability goal posts those people whom they had officially accepted as living overseas would stand a greater chance of being grandfathered under the old legislation than those on "holidays".
I believe this also applies to those with DSP portability. If they're going to mess us up they will take the soft targets first.
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Post by Deleted on Jul 30, 2019 9:27:11 GMT 7
I'll weigh in on this, when I got portability of the Age pension and moved overseas I told Centrelink it was permanent. My reason for this was that I believe that if they ever moved the portability goal posts those people whom they had officially accepted as living overseas would stand a greater chance of being grandfathered under the old legislation than those on "holidays". I believe this also applies to those with DSP portability. If they're going to mess us up they will take the soft targets first. I concur Banjo Thanks for weighing in. Cheers bear
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Post by latindancer on Jul 30, 2019 16:11:42 GMT 7
I'm wondering if Medicare is one of the add-ons like the concession card? Or is it seperate? The short answer is : just return to Oz every 5 years. Medicare is not an add-on. It is something which we are entitled to as residents (citizens) of Australia. I think that here we need to understand the difference between being resident IN Australia and being a resident OF Australia. There is a lot of confusion about the two, and the govt does not make it easier. You can be overseas, and not be resident in Oz, and still be a resident of Oz for taxation purposes. Or you can live overseas and although you are a non-resident in Oz, you can still be a resident (citizen) of Oz for Medicare purposes.....in other words, you can come back and be taken care of by the health system, for free. Clear as mud ? Just go with returning every 5 years ! Otherwise you may lose Medicare when you do return. I am not sure how that works....do they turn you away from public hospitals ? Or send you a bill ?
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Post by Banjo on Jul 30, 2019 16:29:00 GMT 7
You have to reapply, showing proof that you are once again a resident of Australia. If you were seriously ill I'd imagine some sort of temporary card would be involved until the paperwork was finished.
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Post by itsmylife08 on Jul 30, 2019 21:34:52 GMT 7
Certain DSP recipients granted indefinite portability As defined in the legislation, in special circumstances recipients of DSP could be granted payment indefinitely if they were terminally ill and planning to return to their country of origin to be with family for care and support.
DSP recipients who were residing overseas and were currently paid portable pensions could continue to receive payment if they came to Australia to visit family and returned overseas without becoming Australian residents again.
I thought this was relevant to the topic, it really is a minefield to the best of my knowledge you may become a resident of Australia after 6 months or spending the greater part of the year there, thereby possibly losing the portability of your pension ++ Over to you bear and Banjo...
Cheers Itsa
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Post by Deleted on Jul 31, 2019 6:30:54 GMT 7
Certain DSP recipients granted indefinite portability As defined in the legislation, in special circumstances recipients of DSP could be granted payment indefinitely if they were terminally ill and planning to return to their country of origin to be with family for care and support. DSP recipients who were residing overseas and were currently paid portable pensions could continue to receive payment if they came to Australia to visit family and returned overseas without becoming Australian residents again. I thought this was relevant to the topic, it really is a minefield to the best of my knowledge you may become a resident of Australia after 6 months or spending the greater part of the year there, thereby possibly losing the portability of your pension ++ Over to you bear and Banjo... Cheers Itsa Long ago I read on the DHS/DSS/Centrelink site something similar itsmylife08 . The duration mentioned was, "for more than nine months." I've had occasion to search for this "rule" more than once since then, and can no longer find to any reference to it My advice, unless curtailed by illness; go if you must/want, say g'day, then get the heck outta there, back to wherever it is you truly belong. Cheers bear
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Post by itsmylife08 on Jul 31, 2019 12:36:17 GMT 7
Certain DSP recipients granted indefinite portability As defined in the legislation, in special circumstances recipients of DSP could be granted payment indefinitely if they were terminally ill and planning to return to their country of origin to be with family for care and support. DSP recipients who were residing overseas and were currently paid portable pensions could continue to receive payment if they came to Australia to visit family and returned overseas without becoming Australian residents again. I thought this was relevant to the topic, it really is a minefield to the best of my knowledge you may become a resident of Australia after 6 months or spending the greater part of the year there, thereby possibly losing the portability of your pension ++ Over to you bear and Banjo... Cheers Itsa Long ago I read on the DHS/DSS/Centrelink site something similar itsmylife08 . The duration mentioned was, "for more than nine months." I've had occasion to search for this "rule" more than once since then, and can no longer find to any reference to it My advice, unless curtailed by illness; go if you must/want, say g'day, then get the heck outta there, back to wherever it is you truly belong. Cheers bear I see Australia is on the nose bear
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