|
Post by mulloway on Aug 30, 2015 8:00:06 GMT 7
Thanks for the quick response blacktulipvampire and Banjo. As I am under 51 years of age I was concerned that this measure may have affected me. But the legislation is pretty clear and given I have only recently been granted UP I will be exempt from the AWLR changes.
|
|
|
Post by nomadic on Aug 30, 2015 18:53:00 GMT 7
So can someone please explain my situation as in 4 years i will be old enough for OAP? After working 25 years in oz i had my stroke while overseas on holiday in 1996. Now been out of country most of the time since 1999 and on UP since 2013. From what I can gather i would be best to stay on DSP with UP and not upset the apple cart. Again it seems that legal minds are needed.
|
|
|
Post by Banjo on Aug 30, 2015 19:36:02 GMT 7
I don't think you'll have a problem nomadic, if you were born in Australia I would think you would be entitled to full AWLR.
Stay on the DSP if you wish, my personal preference for the Age pension was just that, a personal preference. After the shenanigans of the last 5 or 6 years I got paranoid enough to think that Age pension portability would be safer.
|
|
|
Post by itsmylife08 on Aug 30, 2015 20:46:54 GMT 7
Agreed Banjo but if you're honest like me and tell them you got married they screw you either way . I'm not advocating that you should lie , but rather play your cards close to your chest
|
|
|
Post by blacktulipvampire on Sept 2, 2015 2:48:51 GMT 7
So the point being that Disability Pensioners with portability are only affected by AWLR if their disability occurred in another country. Nicely put Banjo
|
|
|
Post by blacktulipvampire on Sept 2, 2015 2:57:09 GMT 7
So can someone please explain my situation as in 4 years i will be old enough for OAP? After working 25 years in oz i had my stroke while overseas on holiday in 1996. Now been out of country most of the time since 1999 and on UP since 2013. From what I can gather i would be best to stay on DSP with UP and not upset the apple cart. Again it seems that legal minds are needed. The working life residence starts at age 16. So even if you didnt start working until 20 the years start adding up from 16. Technically, it then stops when you have been determined to no longer be a resident. (or reduced by periods of non residency). As with all decisions re Centrelink, I suppose you'll just have to wait and see what the rules are at the time of your OAP birthdate. I'm wondering if there was something about if you were out of the country as at the date the AWLR changed so stayed at 25 years until returning to Aust for a specified period. Anyone else know ? I'll have a look see at the guide. Sounds like you are covered re the disability happening whilst still a resident.
|
|
|
Post by blacktulipvampire on Sept 2, 2015 3:27:47 GMT 7
guides.dss.gov.au/guide-social-security-law/7/2/2/407.2.2.40 Australian Working Life Residence Accrual during absences from Australia (1.1.A.320) AWLR (1.1.A.340) is the number of months that a recipient has resided in Australia between the ages of 16 years and age pension age. Recipients may continue to accrue AWLR during an absence from Australia, PROVIDED THAT they are considered to be an Australian resident (section 7(2)) during the absence and they have not yet reached age pension age (section 23(5A) to section 23(5D)). This means that their proportional rate of pension must be reviewed annually while they are overseas. The term 'AWLR' represents residence during this period only - the person does not have to be in paid employment.Act reference: SSAct section 7(2) An Australian resident is a person who..., section 23(5A) to section 23(5D) Pension age guides.dss.gov.au/guide-social-security-law/7/1/1/101 July 2014 changes - AWLR periodFrom 1 July 2014, the AWLR increased from 25 years (300 months) to 35 years (420 months). Age pensioners and certain other pensioners with unlimited portability, are required to have been Australian residents for 35 years during their working life (from age 16 to age pension age) to receive their full means-tested pension after 26 weeks absence from Australia. The change will also apply to all pensioners paid under social security agreements outside Australia, except those paid under a social security agreement with Greece and New Zealand due to the specific terms of those agreements. Pensioners who are living overseas immediately before 1 July 2014 will continue to be paid under the current 25 year rule, unless they return to Australia for longer than 26 weeks and leave again, when the new rules will start to apply to their pension calculation.
|
|
|
Post by chris on Sept 4, 2015 3:23:41 GMT 7
My father was a government employee with diplomatic status. In 1966, at age 17, he was assigned in the USA. We lived in the USA for 4 years. But I did not return to Australia until many years later. There is an 11 year grey area which occurred from 1966-1977, in that I still used my Aussie Passport which had the diplomatic status mentioned within the passport. I don't think it was an actual Diplomatic Passport.
Now extrapolating that unique situation, I should be awarded 10 years of AWLR for the time I was in the USA. And some other smaller increments of AWLR when I returned to Australia later.
Clearly that's highly unusual, probably never ever happened before. But does anyone think I might be awarded AWLR for the time I was absent under diplomatic status?
|
|
|
Post by Banjo on Sept 4, 2015 7:28:40 GMT 7
Hard to say, you may be covered while you were considered a dependent of your father. Possibly to the time you left school?
|
|
|
Post by coogeeboy on Sept 18, 2018 23:32:15 GMT 7
I was on DSP but had to leave Australia last year due to a serious family illness, I envisage returning to Australia probably in January 2019, I have just turned 65 on 15/09/18, Am I correct in assuming that DSP will finish when I am 65 1/2 and then transfer over to the age pension?
I am now in receipt of UK pension which I also qualified for, so am I also correct in assuming that the amount of UK pension paid to me will be deducted from what Australia will give me?
Also do I need to show a bank statement to Centrelink to prove my UK pension amount?
And how much total cash assets am I allowed to have in total? before Centrelink refuse to pay me anything ? I will receive a one off payment this week from an old uk industry pension of apx $11,650, , should I spend this on myself before getting back to Australia!
|
|
|
Post by Denis-NFA on Sept 19, 2018 0:08:26 GMT 7
I was on DSP but had to leave Australia last year due to a serious family illness, I envisage returning to Australia probably in January 2019, I have just turned 65 on 15/09/18, Am I correct in assuming that DSP will finish when I am 65 1/2 and then transfer over to the age pension? I am now in receipt of UK pension which I also qualified for, so am I also correct in assuming that the amount of UK pension paid to me will be deducted from what Australia will give me? Also do I need to show a bank statement to Centrelink to prove my UK pension amount? And how much total cash assets am I allowed to have in total? before Centrelink refuse to pay me anything ? I will receive a one off payment this week from an old uk industry pension of apx $11,650, , should I spend this on myself before getting back to Australia! coogeeboyAssuming you can reinstate your Australian DSP upon your return it is not always that a person just transfers automatic from DSP to OAP and sometimes there are reasons to stay on DSP even though you could get the OAP. So, DSP does not finish when you get to OAP age and given that you have been away from Australia for some time I would be careful, as either tasjo or bear said on another thread, to watch out for your qualifying time to apply for OAP. Your UK pension will directly affect the amount of pension you receive in Australia and normally a statement from the UK pension board would be okay for Centrelink to prove your UK pension amount. Just be aware that Australia may calculate your UK pension amount at a monthly average of the exchange rate. Keep hold of the money you have been paid, apx $11,650, and spend it when you need to spend. I forget the asset amounts but they are listed on the C/Link website and I am sure that other forum members could direct you. And 65 on September 15! Your far older than me. I turn 65 on January 8 2019. LOL All the best. Denis
|
|
|
Post by tasjo on Sept 19, 2018 5:38:55 GMT 7
|
|