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Post by itsmylife08 on Oct 3, 2013 11:06:12 GMT 7
Aussie's retreat pension Support to live in India A Tribunal has overruled Centrelink to allow a schizophrenic Australian to receive the disability support pension at a spiritual retreat in India.
Leon Ahern appealed to the Administrative Appeals Tribunal " which found to him India is home " meaning he can live at an and collect the pension Indefinitely.
He claimed to have managed his illness for 20 years through adherence to the teachings of Brahma Kumaris. Mr Ahern first received the DSP in 1992 and began following Brahma Kumaris in India a year later, often spending more than a year at a time there.
Initially he could claim the DSP indefinitely while overseas: however, rule changes in 2004 meant if he returned to Australia as a permanent resident he would lose the DSP after 13 weeks overseas.
Mr Ahern returned to Australia in 2007 , prompting Centrelink to deem him a permanent resident in 2010 preventing him from claiming the DSP for long periods overseas.
The AAT rejected the classification late last month, finding that despite spending the last six years here , he was not a permanent resident.
It found he had no family ties and was itinerant, living in hostels and on walking trails and visiting a
Brahma Kumaris centre in Sydney.
India is where he wants to be. He said he able attend all day classes and fortnight long retreats at the ashram in India ," the tribunal found.
The AAT even heard Centrelink was partly to blame for Mr Ahern remaining in Australia for six years after he originally returned for treatment of a heart condition and then faced a new ruling which forced him to remain here living an itinerant life.
Mr Ahern is not residing in Australia, " the Tribunal found. " it follows that he remains entitled to indefinite
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Post by itsmylife08 on Oct 3, 2013 11:16:32 GMT 7
portability of his disability support pension .Social Services Minister Kevin Andrews spokesman did not return calls yesterday. Source Herald Sun Wednesday October 2nd 2013 Reporter Gemma Jones. P/S Sorry for the thread in two parts dammed shit of a computer has a mind of its own grrrrrrr.
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Post by Banjo on Oct 3, 2013 12:03:55 GMT 7
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Post by itsmylife08 on Oct 3, 2013 15:54:07 GMT 7
Bugger
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Post by Banjo on Oct 3, 2013 17:20:23 GMT 7
I'll let you off this time, next time it's 40 lashes and a keelhauling.... arrr there me hearties.
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Post by itsmylife08 on Oct 5, 2013 18:05:46 GMT 7
I'll let you off this time, next time it's 40 lashes and a keelhauling.... arrr there me hearties. Thanks you are a real mate but did you ever think I might enjoy the lashes . On a more serious note I see our esteemed leader Mr Abbot is considering appealing the decision of the AAT read it in todays Courier Mail, bugger now I've given away my whereabouts I'll have to go in to hiding cya Banjo
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Post by Banjo on Jun 2, 2014 8:44:36 GMT 7
Nice blog opinion.
Rant: Let em go overseas… Time limits are cruel. 30 05 2014
One of the little side debates that has come out of the budget is the outrage that y’all are funding people to live outside of the country on disability pension – shame. As of Jan 1, DSP recipients will have their overseas allowance cut from 6 weeks to 4. (People on Newstart are cut off as soon as they depart – and yes, Immigration tells Centrelink of your departure – details on entitlements re overseas travel here.)
Personally, I think this is dumb. If people want to live in Bali or Greece or where ever in the world suits them, let em. (If people are defrauding the system, then that’s wrong and should be dealt with wherever and however that is happening, but in my experience Centrelink is pretty woeful at finding the real frauds and political witch hunts are always wrong).
For these simple reasons:
If they’re not in the country, these disabled pensioners are not adding their much greater than the average Australian burden to the rest of the services such as healthcare, hospitals, welfare services, subsidised housing etc etc. It is cheaper on the budget over all if you let them live offshore. They’re probably living there for some good reason such as family or an emotional or cultural connection, so they’re probably going to be happier there. Forcing them to return to Australia to live in abject poverty away from their family just so they can have their presumably only source of income is stupid and cruel. We require that people who have citizenship of other countries claim their pensions from those countries before we will give them Australian welfare benefits – we have to in turn allow for scenarios where there will be Australians living elsewhere who are otherwise eligible for benefits who are not eligible for any benefits from the country they are in, quite apart from the social security agreements between countries.
Additionally, there is no allowance or consideration given for the fact that it may take more time for a person with a disability to travel. If, for example, they suffer from chronic fatigue and can only do a couple of hours of sight seeing per day, or they are wheel chair bound, or have another severe physical disability of some kind, just getting to Europe or the US and recovering from the journey will take the better part of a week. How tragic would it be if someone gifted you a trip or you won a trip, but you couldn’t take it because some mean, vindictive, ideological politician says you can only go out of the country for four weeks?
The only exception to the 4 week rule for study is if you are doing an Australian full time course of study – which is also stupid, because most people with a disability can’t study full time, and there are lots of wonderful courses overseas which they may want to do and for which they may be eligible for a scholarship on the basis of their disability.
It’s just stupid, ideological, hateful nonsense.
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Post by Banjo on Jun 2, 2014 8:53:30 GMT 7
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Deleted
Deleted Member
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Post by Deleted on Jun 3, 2014 7:09:08 GMT 7
Done. I like her work. Cheers bear
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Post by archlight on Jun 9, 2014 15:29:21 GMT 7
i am scared of applying for this because i am uncertain if they would kick me off the pension. how do the tables work. my disability fits in the cognitive impairment. it can take me hours to do things normal people do in minutes. spell checker is my friend.
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Post by Banjo on Jun 9, 2014 17:24:00 GMT 7
You really need the tables explained to you by you doctor. guides.dss.gov.au/guide-social-security-law/3/6/3/90guides.dss.gov.au/guide-social-security-law/3/6/3/50guides.dss.gov.au/guide-social-security-law/3/6/3/70These links should give you a basic idea of the requirements, possibly in the last one table 7. Determining the level of functional impact
When determining which impairment rating applies to a person the rating that best describes the person's abilities or difficulties must be applied.
Each descriptor in Table 7 contains various domains of neurological or cognitive impairment including: memory; attention and concentration; problem solving; planning; decision making; comprehension; visuo-spatial function; behavioral regulation; and self awareness.
In determining which descriptor applies to the person, at least one of the domains must apply to the person in line with the level of severity stated under (1) (i.e. no, mild, moderate, severe, extreme difficulties). The person must also meet the description of ability to complete day to day activities or the level of assistance and supervision required, as stated under (1).
Each descriptor contains examples of neurological or cognitive impairment for each domain. The examples reflect a person's severity of impairment at each rating level. If a similar example applies to a person but is not specifically listed in the descriptor, the person must have an equivalent level of severity of impairment in order for the descriptor to be met.
Determination of the descriptor that best fits the person's impairment level must be based on the available medical evidence including the person's medical history, investigation results and clinical findings. A person's self-reported symptoms must not solely be relied on. It would be inappropriate to apply an impairment rating based solely on a person's self-reported functional history if this level of functional impairment is not consistent with the medical evidence available.
It is particularly important in the assessment of people with neurological or cognitive conditions that the person's presentation on the day of the assessment should not solely be relied upon. This is because with some conditions such as temporal lobe dementia, the person may lack insight into their condition and believe they are fully functioning. For conditions which are episodic in nature and fluctuate in severity over time (e.g. dementia), the severity, duration and frequency of the episodes or fluctuations must be taken into account when determining the rating that best reflects the person's overall functional ability (see 3.6.3.05 (G) Assessing impairments caused by episodic or fluctuating medical conditions). In determining the work-related impairment for such fluctuating conditions, consideration should be given to the impact on the person's ability to reliably sustain work over two years without significant absences.
You have to be assessed by your health professional, no one here is remotely qualified to do this.
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Post by Banjo on Jan 19, 2015 11:08:46 GMT 7
We have another member get the good news about his Unlimited Portability application today. Some days I wonder why I bother and then we get a result like this and I know.
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Post by blacktulipvampire on Jan 19, 2015 18:48:38 GMT 7
We have another member get the good news about his Unlimited Portability application today. Some days I wonder why I bother and then we get a result like this and I know. Nice to see you so happy boss
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