return resident rule for UP

[ronix]

hi, to you all and thanks for letting me share my story,



I came to Australia as a refugee with my parents in the late 90 from Bosnia and Herzegovina. Have been in war for few years at an early age prior to coming here. Did my study and worked part time along. I was one subject away from completing my degree when my condition became critical. I was granted DSP in 2001 due to things that happened to me. PTSD with panic disorder and depression. My psychiatrist suggested as a part of my therapy to revisit the place where it all started. This was in 2005.While there my mother got medical condition that stopped her from flying back to Australia.I could not come back as i had no place to stay and my DSP stopped. We lived there ever since. My sister got married 6 years ago and came back to Australia. Last year they invited me to come and live with them so they can take care of me and to try to get my DSP back. I got my DSP back due to all documentation I provided from 10 doctors here and overseas.It really feels great to finally be able to provide for my self again as i have lived mostly on my family back. I would really like to stay here but the environment at my sister place is not the best as they have issues of their own. They have been doing IVF for about 10 times and on one of those cycles my sister nearly lost her life. So the level of depression is very high. I would like to apply for UP of my DSP but there is a rule for former residents that i have to wait 2 years before applying. I have been here for one year and all my doctors agree that it would be better for me to go back to my parents. My question is does anyone know is there any special circumstances centerlink will take into consideration or is there a way around this rule.


thanks in advance.


regards,

[bear]

Hi ronix , welcome to the forum.

Unfortunately there are more issues than the two year wait to apply, as UP/IP doesn't automatically see a recipient receive the full overseas rate of DSP/OAP. The OS rate is determined by the amount of time you have been in Australia from age sixteen to your application date as pro rata; but continuing on yearly until aged pension age.

This is what's known as your Australian Working Life Residency (AWLR) and below is a link to the board relating to that subject. Essentially if you have been here for ten years as outlined above, you could receive your full pension for 26 weeks, then 10/35ths of your pension after that. Returning to Australia resets that back to the full pension; though doing it without spending a reasonable amount of time in the country may incur Centrelink scrutiny.

Unfortunately there are no special circumstances Centrelink can apply to overcome the two year wait; but as a disability pensioner you do have a limited portability period of 28 days per year that is part of normal entitlements. Cheers 🐻

dspoverseas.proboards.com/board/27/establishing-residency-australia-australian-residence

[scuzzy]

Welcome back Bear!

Just about the AWLR; my understanding was that there were exemptions to DSP being proportionalised in relation to AWLR. I found this in the guide to the Social Security Act:

The following income support recipients, with indefinite portability, are exempt from the proportional rate, irrespective of their AWLR. These are:

- terminally ill DSP recipients who are severely disabled, who qualified for DSP because they became unable to work or permanently blind whilst they were an Australia resident

- permanently and severely impaired DSP recipients with no future work capacity who qualified for DSP because they became unable to work or permanently blind whilst they were an Australian resident


The second exemption in the list there would apply in this particular case if he was granted I.P (because being permanently and severely disabled is a prerequisite for I.P.).

Here's the link to the page that came from:

guides.dss.gov.au/social-security-guide/7/1/4

But, as you say Bear, that page is also very explicit that there's no way around the two year exclusion period for I.P for returning former residents, not even in extenuating circumstances.

[ronix]

thank you for the all the info, bear and scuzzy

On my JCA report is that my inability to work did arise in Australia as it did. Also it say that I have resided in Australia for less than 10 years, so what does that mean. Will I be exempt from the proportional rate when the time comes and I apply for UP. I am permanently and severly disabled. Thanking you in advance for any opinion.

regards,

[bear]

Mar 9, 2023 22:35:02 GMT 7 scuzzy said:

Welcome back Bear!

Just about the AWLR; my understanding was that there were exemptions to DSP being proportionalised in relation to AWLR. I found this in the guide to the Social Security Act:

The following income support recipients, with indefinite portability, are exempt from the proportional rate, irrespective of their AWLR. These are:

- terminally ill DSP recipients who are severely disabled, who qualified for DSP because they became unable to work or permanently blind whilst they were an Australia resident

- permanently and severely impaired DSP recipients with no future work capacity who qualified for DSP because they became unable to work or permanently blind whilst they were an Australian resident


The second exemption in the list there would apply in this particular case if he was granted I.P (because being permanently and severely disabled is a prerequisite for I.P.).

Here's the link to the page that came from:

guides.dss.gov.au/social-security-guide/7/1/4

But, as you say Bear, that page is also very explicit that there's no way around the two year exclusion period for I.P for returning former residents, not even in extenuating circumstances.

Thanks for the welcome scuzzy . 

We do have a member who is as I have described, only having 10 years AWLR that gets proportionalized after six months away requiring a return to have their payment reset. My memory is no longer as it was,  but  my analytical skills appear to still work because you are indeed correct. Nice pick up mate!

How so? Because the particular member I'm thinking of already had their disability when they arrived in Australia, which even though they are now a citizen; precludes them from the exemption.

terminally ill DSP recipients who are severely disabled, who qualified for DSP because they became unable to work or permanently blind whilst they were an Australia resident

permanently and severely impaired DSP recipients with no future work capacity who qualified for DSP because they became unable to work or permanently blind whilst they were an Australian resident


guides.dss.gov.au/social-security-guide/7/2/2/10

[scuzzy]

Mar 10, 2023 5:50:18 GMT 7 ronix said:

thank you for the all the info, bear and scuzzy

On my JCA report is that my inability to work did arise in Australia as it did. Also it say that I have resided in Australia for less than 10 years, so what does that mean. Will I be exempt from the proportional rate when the time comes and I apply for UP. I am permanently and severly disabled. Thanking you in advance for any opinion.

regards,

You will be exempt from the proportional rate, because you are classified as severely disabled and the disability occurred while a resident of Australia.