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Post by latindancer on Aug 21, 2012 11:19:12 GMT 7
Bundy, I remember reading on this forum somewhere that when SSAT cases have been won it has often been due to new evidence being presented. Are there any aspects to your case that you feel have not been highlighted yet ? Furthermore, you say that CL have told the SSAT you have no children. Perhaps there is other incorrect information. If you're being contacted by phone on Thursday, I'm sure you are going to write down a short list of your most important points, to ensure you make them all. Good luck, mate.
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Post by anotherdsp on Aug 21, 2012 11:59:53 GMT 7
TO bundy, did you get your file that c/l will give to the ssat,that will help you alot in knowing what evidence c/l will argue their case with and it will help you to know what they know??
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Post by anotherdsp on Aug 21, 2012 12:09:33 GMT 7
to bundy,
mate if you have an address in aust and family ties etc in aust is good. overseas it is best to have nothing to tie you to the country,you basically are just a tourist on a tourist visa with no legal right to live in that country,everything you have should tie you to aust.
dont admit to nothing o/s if you have not already told them.time out off aust and time in aust is why they question residency,BUT you are allowed to travel to another place other then where you reside as long as where you go is treated like a temporary place(this is what happened in my appeal to the SSAT).
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Post by largeone on Sept 23, 2012 1:15:15 GMT 7
Hi. I just arrived back in Thailand about 1 hour ago and not a happy man. I went to CL in Perth and asked about PP. The girl looked at my file and said that I have to ring International as they do it all now and NOT at a CL Office. I rang and was basically told that if I apply I would be 99.9% rejected. Asking why the guy said that I havent lived in Australia for 3 years so I am a non resident. I said that in that time I came back 2 times and stayed 4 months and he said doesnt matter. He stated that if I apply and get rejected they can also cancel my benifits. I said F----en Hang On. I am and have been a TPI Pensioner for many years and as its states TPI is Totaly,Permantly,Incompasitated so I can NEVER work again and I can go and stay anywhere in the world and retain that Pesion. I asked then why I cant retain DSP as I will never be able to work. He said to apply but doesnt like my chances. How come they say get PP and live anywhere in the world but they dont state how long before they pull your Pesion because you are away too long? ?!!!!!!!!!!!! Thats my 2 Bobs worth for now
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Post by Banjo on Sept 23, 2012 4:42:09 GMT 7
The TPI makes it very interesting largeone, one government department declares you have no future work capacity and gives you unlimited portability because of your service to your country and another says you don't qualify. I'd love to see you in the Federal Court with a good lawyer.....
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Post by Denis-NFA on Sept 23, 2012 7:43:03 GMT 7
i agree with banjo
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Post by gungho on Sept 24, 2012 21:35:16 GMT 7
QUOTE: "I rang and was basically told that if I apply I would be 99.9% rejected. Asking why the guy said that I havent lived in Australia for 3 years so I am a non resident. I said that in that time I came back 2 times and stayed 4 months and he said doesnt matter. He stated that if I apply and get rejected they can also cancel my benifits." UNQUOTE. So it appears that Centrelink can deem one non-resident if too much time away from Australia [even with residency ties??] ? With the Jan 2013 6-weeks maximum allowed overseas, does it mean can fly in and out as long not more than 6-weeks away? Then amount of days away from Australia becomes an issue !!!With 6-weeks turnround, the down side is the high air fares and I already finding in recent months air fares gone up heaps. Applying for Permanent Portability is also fraught with risk the way system is structured.
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Post by Banjo on Sept 25, 2012 4:35:19 GMT 7
Hi gung, nice to see you again.
It seems that Centrelink is continuing to threaten people thinking of applying for the UP, this really needs to be stopped. I spoke to someone near the top of the tree yesterday and she told me I won't be allowed to travel at all next year and to pull my head in and stay home until I qualify for the OAP.
Exciting times ahead.... ;D
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Post by anotherdsp on Sept 25, 2012 7:02:05 GMT 7
to banjo,so are they going to cut the 6 week rule out?
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Post by Denis-NFA on Sept 25, 2012 8:01:17 GMT 7
anotherdsp...... My residency review, which was favourable (!), included the following paragraph (my bold and underline), "Please note that if you travel outside of Australia at any time in the future a new assessment will be required to determine your ongoing qualification for Disability Support Pension."
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Post by Banjo on Sept 25, 2012 8:42:53 GMT 7
Yes, I never saw anything to make me assume that the residency rules would become more flexible. There was a school of thought that people would be allowed unlimited 6 week portability periods, just like the 13 weeks in the good old days but I never thought that for a moment.
THE NEW RESIDENCY RULES ARE JUST AS CONTESTABLE AS THE OLD ONES, GET YOUR ASSES INTO THE APPEALS SYSTEM AND MAKE THEM JUSTIFY THEM UNDER THE LEGISLATION!!!!!!!!
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Post by anotherdsp on Sept 25, 2012 10:40:04 GMT 7
to me it seems like that the U/P IS A LOAD OF BULLSHIT ,before it came in only the terminally ill got it and it is no different now,i have no trust in the new rules,so why did they put that clause in? makes you think thats my thoughts on the matter ,dangling the carrot so we follow it over the cliff!!!!
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Post by Banjo on Sept 25, 2012 12:22:00 GMT 7
I'm contesting the UP rules, it's a waste of time my tackling the residency rules again, it needs someone less close to 65. In about 10 months I won't need residency under the OAP system but you younger guys are going to have to attack the residency rules if you plan to travel much this side of your OAP. The residency rules are flaky, I beat them in the SSAT last year and I can't see that they're much tougher this year.
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Post by gungho on Sept 25, 2012 14:35:01 GMT 7
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Post by nomadic on Jan 13, 2013 14:32:58 GMT 7
I have been trying to get the media onto my story for years now but they are not interested because there is no story in it unless you tell them you made a complaint to hreoc about a politician and then if you google; pensioners flight fight you can see the story on my federal court case. an accurate story albeit no real detail detail And the story also calls me a liar as they deny i was abused by the staffer. as usual i have no recourse as i have tried the p.m's office, the alp itself and the media but as always i only get lies and patronising fob offs. I asked someone why wont the media talk to me and the reply was; they will when you win. It seems a current affair will track down anybody who cheats the system but when the system cheats someone they don't want to no about it. So when i win it will cost them big bucks for my story which i now offer for free. Good luck bundy also. Nomadic.
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