I wanted to get this away fairly smartly so I've worked most of the night on it.
I've included a few of the letters you guys have forwarded me this year as attachments, the ones that were in PDF files that I have so much trouble working with.
I think that it would help if you emailed Ms Dixon-Weidner individually.... amelia.dixon@dlaphillipsfox.com with your personal stories, a lot of short submissions may get more attention that one badly prepared one by me.
We're only going to get anywhere by working as a group, the system chews up individuals and spits them out.
14th September, 2010
Dear Ms Dixon-Weidner,
Thank you for the prompt reply to my email.
I represent a group of Disability Support Pension recipients who like to travel and spend time overseas regularly.
This year we were disturbed by a newspaper report we considered to be victimising people in our position.
www.couriermail.com.au/money/welfare-loophole-allows-disability-pensioners-to-go-on-permanent-vacation/story-e6freqoo-1225846381856Welfare loophole allows disability pensioners to go on permanent vacation
A LOOPHOLE in welfare laws has been allowing hundreds of disability support pensioners to use their pensions to travel overseas most of the year and keep second homes in popular South-East Asian holiday destinations.
The jet-setting lives of 776 disability support pensioners were discovered by a joint Centrelink and Department of Immigration investigation, which found many were taking up to nine overseas trips a year.
The study uncovered 154 gold-class frequent flyers who spent all but eight weeks a year overseas. Of these, 71 spent less than a month in Australia and there were eight described as fly-in, fly-out pensioners who spent only a week a year in Australia.
The loophole allows disability support pensioners to keep claiming the pension, which is now more than $700 a fortnight, if they return to Australia once every 13 weeks.
Thailand and the Philippines were the top two locations for welfare recipients living in second homes overseas.
In both countries, $700 a fortnight is considered a small fortune, much more than the earnings of many working full-time, who would consider themselves relatively well off.
Community Services Minister Jenny Macklin said the Federal Government would close the loophole, which allowed the 154 worst offenders to spend most of their time overseas, costing taxpayers $3 million a year.
Even though only Australian residents can lodge a claim for the disability support pension, and those on the DSP can only be absent from Australia for up to 13 weeks, there are cases of DSP recipients living permanently overseas and flying back to Australia every 13 weeks to continue receiving the pension, Ms Macklin said.
It is not known if those who claimed pensions while living overseas were working while overseas.
This is the section of the Social Security Act 1991 we are accused of abusing.
www.austlii.com/au/legis/cth/consol_act/ssa1991186/s1217.htmlMany of us have individual stories. We are unemployable under the Act and many of us are only a few years away from the Old Age Pension.
Centrelink has constantly denied any knowledge of impending changes to the Act.
Mr Michalena Stawyskyj, Manager of the Centrelink International Branch has written to one of our members and insists we must be treated the same as “other working age payments”. By this she means New Start recipients, who have to stay in the country because they are seeking work!
So why are we under the same regulations as them? What does it matter?
We actually save the country money; many of us would be claiming rent and other allowances if we stayed in Australia.
Some of us now have families overseas; having to return to Australia and bring them with us will be an expensive procedure. For the Government as well as us.
Ms Dixon-Weidner, I’m going to get a few of our members to email you their stories.
I hope that they will convince you that we have a valid case, that it is wrong to tell us where we should live and how long for.
Why should Centrelink be able to declare us non-residents and stop our pensions? No other Government Department can do this.
Regards,
Banjo
Extracts/personal experiences from our website included below and letters of relevance are attached.
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dspoverseas.proboards.com/index.cgiWhat reason did they give you to stop your Pension?
They said they had sufficient grounds, based on immigration records + my declarations to them when I departed OZ each time, that I was not an Australian resident for DSP purposes. They had the 2008 and 2009 records there, and put to me that I had spent under 40 days in the country over that 2 year period. They are correct, and I agreed with them.
I questioned as to where in the SS Act did it say anything more than that there was a 13 week limit on the time you could be abroad before your DSP was suspended? Further that there was nothing in the Act that stipulates how long you have to remain in the country after returning.
They came back with: the 'decision maker' had discretion to review individual cases and had formed the view that I was not a genuine resident of Australia, and therefore not entitled to the DSP. The fact that all my funds are invested here, that I have an Australian bank account, that I pay Australian tax and Medicare levy was deemed irrelevant,
I have the right of appeal, but unlike other appeals which can be in writing, they are insisting I must personally attend this one, and there's no free appointments for 7 weeks. (Must be busy with other sods like me!) I agreed to the appointment, to keep the case alive, but of course I wont be there. In the meantime I will try to be allowed to make a written submission.
Apparently this is all on its way to me in writing.
In addition, if I dont appeal, or lose it, they will seek repayment of an as yet unspecified amount, being benefits paid while they allege I was not a 'genuine resident' of Australia. In other words they are saying they will apply retrospectivity to the decision. This is determined by a 'senior officer and then reviewed by some tribunal at some future date, and again I can appeal - but only in person.
(Lemon)
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Centrelink's Trashing My Carbon Footprint!
To Senator Penny Wong,
Minister for Climate Change, Energy Efficiency and Water
12th June 2010.
Dear Senator Wong,
I would like to draw to your attention to the fact I have traveled 93,760 unnecessary air kilometers in the past twelve months due to Centrelink’s policy of making Disability Support Pensioners wishing to travel overseas return to Australia every thirteen weeks.
I’m sure you can see how ludicrous, environmentally unfriendly and wasteful this is to say nothing of the personal cost to me, a disabled pensioner.
I would be most grateful if you could use your influence on your fellow parliamentarians, in particular Ms Jenny Macklin MP and Mr. Bill Shorten MP, who’s portfolios include Social Security, to rectify this.
As a free resident and citizen of Australia, long ago assessed as unemployable, I’d appreciate being able to come and go as I please without being told when I have to return. As someone who is appealing to Australians to reduce their carbon footprint enabling me, and a large number of pensioners like me, to travel less would be a huge step in the right direction,
(Banjo)
Unanswered
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Wayne Swan made this speech to the Australian Parliament on Tuesday, 7th of October, 2003. This speech was cut and pasted from the Australian Parliament website.
WAYNE SWAN:
"I now move to the specific provisions of this bill relating to portability. The measure within this legislation that concerns the opposition is the plan to limit the generosity of the portability provisions relating to work force age social security payments. In particular, this bill seeks to reduce the allowable period of temporary overseas absence for portable social security payments from 26 weeks to 13 weeks. This new portability period will also apply to a range of payments, including the disability support pension and family tax benefit. Labor is particularly concerned about the impact of this measure on some of our larger communities that have a heritage overseas. This includes former UK citizens and also the Greek community.
There are good reasons why the portability provisions should be 26 weeks and not 13. Many families who have parents or siblings living overseas are called upon to go to their aid when they get sick or are dying. In some cases this may involve finalising a person's estate. Often there is a need for a person to spend considerable time overseas. There has never been any evidence presented that shows the current rules have been abused. In fact, the net savings the government is claiming for this provision amount to $4.1 million, and I think they confirm the fact that the government also does not believe that the rules have been abused. These are mean changes that will have a direct impact on people who have loved ones in other countries and they are changes which we will be urging Senator Patterson to join with us in rejecting when this bill reaches the Senate."
(Siddhartha)
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Well, suddenly here we all are over here in Asia (speaking generally here)..well I didn't consult anyone, I didn't ask any friends about this area, I didn't hatch up some exotic plan to dupe the Australian Government..I'm a private person who did not want to speak to anyone about it..I just thought it through, weighed up the pros and cons and made my decision to seek a neighbouring country that had reasonably good infrastructure, medical services, pharmaceutical etc, etc. (Not so sure about the stable government bit, but we still go about our daily lives umimpeded).
So why would I even hesitate..I thought it was the obvious choice..the only choice in fact that made any sense.
I didn't want to be a burden on anyone, be it my family, my state or federal welfare system..I calculated I could relocate and even with the 91 days reporting condition, maintain a decent lifestyle..sure I had to be more frugal, but that was half the fun, to readjust everything..to be a born again human in another culture, eating entirely different food, speaking a foreign language..and only 9 hours away from that misery I left.
The longer I was away from it the deeper I became immersed in Asian culture and all it has to offer..by immersing myself I was able to handle my continuous chronic pain much better, I was able to change my diet completely, I learned the basics of meditation and relaxation techniques. (I've thrown off that dark shroud of gloom and doom).
As a result I have become a much calmer individual, I can manage my pain better, and take less medication than before.
On my meagre DSP I would live like a 'pauper' in Australia; here I can live like a pretend 'prince'.
Just let me be..leave me alone, I'm not hurting anyone or costing the Australian Taxpayer any extra..in fact I save them quite a deal(as we all know and have done the math).
Here in Asia I don't live the 'high-life' as presumed by many poiticians and others..in fact I lead a modest, sensible life.
As a result I have no need for the plethora of material things I amassed in my previous life in Australia and have down-sized everything.
I am an Australian resident who goes overseas temporarily.
However, every morning I wake up I thank my creator for giving me the chance to live one more day here.
(ROD).
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From earlier in this discussion board, an email sent to politicians by a member:
Dear Sir
As the new legislation recently drafted on DSP recipients seems to affect me I would like some clarification.
I receive a DSP due to genetic condition that caused rapid and irreversible damage to my eyes resulting in permanent blindness in one eye and about 15% vision in my other, it is still getting worse and will eventually also be permanently blind.
During my working career I believe I was an exceptionally hard worker entering the workforce at age 13 and continuing until my condition took over. Working 70+ hours a week was commonplace. Remember what you did for your 21st birthday?
I do, I worked a 7 day, 10 hours a day week so did nothing spectacular.
Anyway, I worked hard and enjoyed a reasonable lifestyle. Unfortunately, that came to an end when my eyesight began to interfere with my workplace quality as well as health and safety. I saw myself (excuse the pun) becoming unemployable and there was nothing I could do about it. Knowing that your dreams of a decent life are about to end is a crushing experience that I wouldn't wish on anyone.
I struggled on the DSP for 12 months or so in Australia selling my possessions in order to maintain some dignity in what was becoming a very lonesome lifestyle. With failing eyes I lost everything I enjoyed. No TV, no books, no football. My friends were getting married so drifting away. I couldn't enjoy myself, could not go out as I never had any spare money and could obviously not drive nor use public transport unaided. I became a recluse, drifting into alcoholism to relieve the boredom of doing nothing. I became suicidal, I really had nothing to live for.
On advice from my family to try and get some interest in life again, I sold some more possessions and I scraped enough cash together to fund a 3 month trip through South East Asia. This aqction saved my life, it gave me reason to go on, it gave me passion. My sight was lost but my other senses were heightened. I began wanting to experience different cultures, taste new foods and try to enjoy life. We only get the one.
Two days after returning from my holiday I booked a 2nd and flew out 2 days later. It has been a 13 week cycle going on more than 5 years now that has restored my faith in life. Given back my dignity and enabled me to be a better person. I never saw the 13 week limit as a loophole, I just presumed it was so the Commonwealth government was making sure the recipient was still alive. Keeping track so to speak.
I now have a 2 and a half year old son in South East Asia and a daughter on the way. With the new legislation I will not be able to provide for them and 2 young Australians will suffer. I will lose contact with them as I will be imprisoned in Australia. This outcome I cannot live with. If centrelink does prohibit my travel so I cannot be with and support my children the consequences on my mental health will be dire. My dreams are yet again about to come to an end. I do not know what will happen but sadly I think my suicidal tendencies of years ago may reappear.
Why is the Australian government attacking the disabled?
Why was something OK last week but now considered (by the government, not by the majority of the people) wrong?
Do you have children? If so, what if a government decision would cease your means of being able not only to see them but to feed and clothe them?
Do you know anyone who is permanently incapable of work?
Can you answer if I will be refused permission to leave Australia after I return next time? If so, should I refund my air tickets and put that little bit of money to better use?
Please read my email and please answer my questions. I would really like to receive a prompt reply.
Thanks
xxxx on DSP in South East Asia.
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