OAP: portability and residency restrictions

[siddhartha]

Actually this sounds like a good idea, to create another section called "Old Age Pension: portability and residence restrictions".

From what I can gather from the Centrelink website, OAPs who were born in Australia and lived there all their lives have no restrictions on portability. But immigrants who spent less than 25 years working in Australia are subject to restrictions and reductions after 26 weeks.

There are also International Agreements, mostly with Western European countries, which are also available to DSPers, but one would have to emigrate and become a resident of that country, and that could be difficult unless one was born in that country.

The main issue of this board seems to be the portability and residence restrictions of Centrelink, so it is worthwhile to discuss this in relation to other types of benefit. We could also discuss the portability restrictions on the Newstart Allowance (unemployment), which does not allow overseas travel at all. Let us pray that possible-PM Tony Abbott does not reduce the portability of ALL benefits to ZERO weeks overseas, which is within the realms of possibility.

It should be remembered, in relation to the concerns and issues expressed on this board, that these are a response to the attacks of the Australian government in the past (the reduction to 13 weeks), the present (the residency restrictions), and the possible vicious attacks of the Australian government in the future (possibly the elimination of portability altogether).

[pino]

A child would tell you that anything that has strings attached is NOTHING BUT A CON, PERIOD.
Don’t insult our intelligence.
Australian Old Pension…... is just that “OLD AGE PENSION) , the word spells it out, don’t attach any bull shit, no loop holes, no ifs & buts, no trickery, especially if one lived and worked in the country continuously for over 30 years.
(Scrap the two year ruling), 20,30 or 40 years in the country is far greater then 2 years, don't have to be a rocket scientist to understand that.
Centre link and Politicians must come to their senses, and “CALL A SPADE A SPADE” they already have a rotten reputation , they invented corruption, now they want us to follow in their foot steps and then wonder why people rot the system.

God bless Australia

[Banjo]

I appear to have edited that post but being as it's a year old I cannot recall what for.
I wouldn't worry too much about Mr siddhartha's comments, he made some useful contributions before he chose to stop contributing but also some rather strange ones.

[pino]

I have been refused my Old Age Pension by Center link on the same grounds that I am no longer An Australian resident:
1- I was told that if I went back to Australia and lived there, after two years I could leave the country and take the pension where ever I choose to live……….what a bloody joke, how am I suppose to believe them, I lived there for almost 40 years, thinking at retirement I would automatically qualify, if 40 years did not do it, how is 2 years going to make it., besides it takes 6 months to lose it and two years to re gain it…I wonder what school those idiots went to.
2- This loophole…which they claim to be legislation, (is conveniently robbing me of my basic rights….but remember it’s not a loophole is called legislation.
3- I was told come back to Australia and automatically I would get it,
If I choose not to go back I will not get it……If this not blackmail…I don’t know what is.
4- I was told I have no ties with Australia, therefore I am not a resident,
I have 4 children, 8 grand children, 50 plus relatives (alive) and close to 50 that passed away and are buried there, this proves that the “word” family in Australia has now a different I connotation, I wonder why.
5. I was told I don’t own a home in Australia therefore I am not a resident.
Over a period of 40 years I owned 14 properties, which regrettably over time, because of rules, regulations, laws and by laws, Legislations, and of corse the economy, I lost each and every one of them, but that of course don’t count, however on every transaction I paid stamp duties, transfer fees, mortgage fees, rates, and all the other bull shit. Ye Ye I know what you are thinking…..that was in the past.
Not to mention all the taxes I paid, that’s a yak word.
6 I was told I don’t have a bank account in Australia; therefore I am not a resident
I had a bank account in Australia, which for some magic reason I am no longer able to use, .(Not my doing) and the bank its using it’s might and every gig they can think off not to communicate with me. I assume they cancelled my account for the same reasons (I am no longer a resident).
7 I was told I am not paying any bills in Australia therefore I am not a resident
My last bill was paid to the Australian Tax department on June 2011, when I turned 65, as well as all the others 38 tax returns lodged every year punctually.
If this is not a lot of crap…I hate to see what shit looks like.
A past Australian President (Not to mention names) once said, quote:
Australia is the ass end of the world. Unquote, it did not make sense to me then, but it sure makes sense now. We only want to be seen as the lucky country, the privileged one, the hero of human rights, the greatest, the the the …too many virtues to mention.
What pisses me off most is that , I have never heard of any legislation been introduced to disadvantage any parliamentarians, in fact their bellies are getting bigger every year… they only need to stay in office 5 minutes and they are set for life. What they forget is that every dog will have his days; they are too blind to see it.
But But But I am going to be on the front line to kick their ass on their way out, that’s what I am planning to do when I grow up ( OPPS I mean older).

I read this somewhere…so true; I reckon it says it all:
Democracy is two wolves and a sheep voting on what's for lunch.
So far so good…but what happens when the sheep is gone???
Politicians (wolves) can screw us till kingdom come, but the truth of the matter is that the world will always need more sheep’s then wolves.,'the proof is in the pudding', wolves have almost been extinct worldwide, I hope I live long enough to see it happen, when they can stick all their bloody rules up their black holes.

[Banjo]

I saw your post on ThaiVisa, I think your only option is to return to Australia and get the pension than appeal the decision when they cut you off for leaving again.
Agreed this will be time consuming and you will probably end up spending time in Australia anyway.

Try contacting Welfare rights in your home state and see what they say. They have professionals there but I have not found them to be over sympathetic to pensioners wanting to live overseas, maybe that was just my take.
Write to the minister of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA), the Hon. Jenny Macklin.
Point out that exceptions ARE made to this rule and you want to be one of them.

Remember if you give up... they win, you lose.

The sheep thing sounds like you have been talking to sceadugenga.

[skills32]

In 2008 I went back to Aust and claimed the OAP then left about 3 months later. After about 3 months they stopped paying it and I asked them why. It appears I was declared to be a former resident. In other words I had been absent For more than 3 years.
So I appealed and lost.
I appealed again and lost.
I then appealed again to the AAT and won arguing that the former resident rule didn't apply to me as it was brought in to combat the Greeks and earlier migrants who came out to Aus and sent their money back home.
They went home themselves later on and returned to Aus when they turned 65, claimed the pension and went back home again. The centrelink lawyer agreed with me and reinstated my OAP. I left Aus 3weeks later and am still getting paid.
You can do all the appeals from the country you live in, they will call you by phone, and get back paid. as well.

[Banjo]

Welcome to the board skills32, a most interesting and informative first post.
How long did the appeals process take, from the first to the AAT?

[Banker]

Welcome to the forum skills and thank you for this information.

[howdo]

Hi guys, a question. Are DSP cases and portability treated on a case by case basis. I suppose what I'm asking is, should a persons physical, mental and family situation have a bearing on their case and give them a chance at unlimited portability.

[Banjo]

I think a persons ability to work will be all that matters, if you are assessed as unemployable on any health grounds then you will get it.
I can't see them taking any sort of compassionate considerations into account like family connections.

[howdo]

Okay, so more of a black and white basis. It was a comment by a health professional that got me wondering. He seemed to think cases would be assessed on individual merits.

[latindancer]

Well, they SAY we are assessed on a case-by-case basis. In fact my ARO said this to me only one week age. And the legislation says we should be assessed according to our ties to Oz....family and otherwise, etc. But in reality it may not be so.
What happens in reality is that they make it as difficult as possible for you, and if you have the stamina to fight it in a review and lose..... the SSAT, then if you lose again...the AAT.

[rowdy]

Mar 15, 2012 15:51:24 GMT 7 latindancer said:

Well, they SAY we are assessed on a case-by-case basis. In fact my ARO said this to me only one week age. And the legislation says we should be assessed according to our ties to Oz....family and otherwise, etc. But in reality it may not be so.
What happens in reality is that they make it as difficult as possible for you, and if you have the stamina to fight it in a review and lose..... the SSAT, then if you lose again...the AAT.

Indeed, every case must be assessed and decided on a case-by-case basis in accordance with the laws and regulations as they apply at the time.

Centrelink as delegated decision makers under the SSAct must also follow the rule of law and give affected persons procedural fairness in their decision making process. Whether that happens in all cases is highly debatable given Centrelink's poor track records of having decisions overturned or varied at SSAT or AAT levels.

As someone pointed out the other day an ARO review is akin to complaining to your mother-in-law about your wife. At least at SSAT and AAT levels you will get more levels of scrutiny and accountability, by that I mean more of a level playing field.

Unfortunately many people in receipt of Government assistance are not fully aware of their rights when facing the almighty Centrelink.

[skills32]

Nov 16, 2011 10:31:18 GMT 7 Banjo said:

Welcome to the board skills32, a most interesting and informative first post.
How long did the appeals process take, from the first to the AAT?

Sorry to be so long in replying but I have only visited this forum again now.

In order to qualify for back pay you must appeal the decision within the time limit allowed. From memory I think it is 30days from the date of decision.
I was in Thailand when the ARO gave me his refusal and as I was going back to OZ at the end of the year I decided to wait until then to continue the appeals process as I thought I had to be in OZ to do so. At the end I asked for backpay and this was pointed out to me.
I immediataly thought of the joke about ASS U ME.
Even though it was about 6 months delay between the ARO's decision and the SSAT hearing, The whole process only took 9 months so I would say the process from start to finish takes about 3 months.

[bundyrum]

well I have a AAT phone call on 12th April...I was cut off DSP...30 th April last year..so basically a year also if you miss your dead line you can get an extension...which I just got..AAT.. aranged it for me..cheers.