|
|
Post by wbmania72 on Apr 3, 2012 20:41:34 GMT 7
hi to all. i think i have just shot myself in the foot and feel like the dumbest person on the planet. i've booked tickets for four to overseas last week. received OK for all flights for return and was paid. i knew that we need to be back before 13 weeks.BUT... my stupid miscalculation was so bad and i thought 3 months is actually 12 weeks(4 weeks in a month) and i thought we'll be back before the dead line. i was told by C/L officer on the phone today when i rang to let them know about our departure that 3 months is actually not 12 weeks but 13 weeks and 2 days.  i said %$#@%&?0&... i've already call the flight agent in desperation to rearrange the returning date,they ask for money for that plus we might not be so lucky to find a suitable flight date for 4 people without running out of 13 weeks timeline.(because we'll be changing 3 different flights with 3 different airline on each way) C/L told me that they will suspend our payment exactly after 13 weeks(we'll be late for only 2 days) and we might have bit of headache with them to reinstate our pensions. we are flying at the end of this month and we are bit scared about coming back 2 days late and going thorough headache with C/L. what would be the worse scenario here? regards. |
|
|
|
Post by Banjo on Apr 4, 2012 3:47:20 GMT 7
They shouldn't give you a hard time on this, I was a couple of days late last year and reinstated immediately on return.
The Act clearly says you can remain out of the country an extra thirteen weeks after the initial portability period and your pension is only suspended.
After that you have to reapply.
Ring Welfare Rights if you need further reassurance.
|
|
|
|
Post by lynne on Apr 4, 2012 6:16:42 GMT 7
I was always late coming back sometimes up to 2 weeks and no problems getting reinstated.
I would ring ICL and try to get a different officer to speak with. If you have 26 weeks portability they can do noting except deduct 2 days off your pension. Their computers (often) cut you off on the 12 weeks so don't be alarmed if this happens.
|
|
|
|
Post by wbmania72 on Apr 4, 2012 6:50:40 GMT 7
thanx for the responds.that's a big relieve.
they would have to reinstate our payment sooner or later if we late for a few days,but we'll be at overseas on the day of unlimited portability comes in affect(1 of july)and we definitely will apply for it after we return to OZ and we don't want this to affect our claim when the time comes.
regards
|
|
|
|
Post by anotherdsp on Apr 4, 2012 7:11:19 GMT 7
wbmania72,it seems to me that they keep saying cutoff,when it should be stopped and reinstated if you are within the 26 weeks.they keep threatining me with the same thing. does all your family have to be back on the 91st day? or just you? how long have you been back in aust an how come you got the 13 weeks,i was told if i leave they will stop my pension,i would of been in aust for 10 weeks before i leave??
|
|
|
|
Post by wbmania72 on Apr 4, 2012 7:37:28 GMT 7
hi anotherdsp.
i think that you though i was living overseas and coming back to OZ every 13 weeks then fly off again.i am currently residing in OZ and not travelling in and out of country every 13 weeks.
but if you read the Banjo's reply above thats like a life saver info for many people,to be honest i didn't even know and aware of such thing.
regards
|
|
|
|
Post by anotherdsp on Apr 4, 2012 11:33:10 GMT 7
to webmania,yep banjo is correct if you are not being humbugged like me a couple days no worries mate. iam still waiting on the the TURNKEY(CIS) to let me out for some sunlight!! LOL !!
|
|
|
|
Post by rowdy on Apr 4, 2012 11:44:10 GMT 7
to webmania,yep banjo is correct if you are not being humbugged like me a couple days no worries mate. iam still waiting on the the TURNKEY(CIS) to let me out for some sunlight!! LOL !! I disagree completely Overstaying by a couple of days will result in your DSP been docked a few days. No biggie there. HOWEVER you are also thereby coming to the adverse attention of Centrelink for overstaying your portability period. It is definitely things like this that cause you to fly right into Centrelink's radar. I have no doubt that when Centrelink does internal audits they dont not look at recipients who overstay their portability periods. Dont look at it as just overstaying a few days and getting docked a few bucks. Look at the big picture. |
|
|
|
Post by Banjo on Apr 4, 2012 11:59:26 GMT 7
Jeez Rowdy.... if I realised it would mean I would get adverse attention from Centrelink I would have been a lot more careful. ;D
Seriously, you may well be right, but that doesn't make Centrelink right.
The legislation was meant to give us 26 weeks total out of the country, 13 paid, 13 unpaid... why should the unpaid be any different to the paid?
I'm at the point where I really don't care what I do as long as it's within the legislation and if they penalise me for it then they're going to get me in their face again.
|
|
|
|
Post by rowdy on Apr 4, 2012 12:14:18 GMT 7
Jeez Rowdy.... if I realised it would mean I would get adverse attention from Centrelink I would have been a lot more careful. ;D Seriously, you may well be right, but that doesn't make Centrelink right. The legislation was meant to give us 26 weeks total out of the country, 13 paid, 13 unpaid... why should the unpaid be any different to the paid? I'm at the point where I really don't care what I do as long as it's within the legislation and if they penalise me for it then they're going to get me in their face again. Banjo we are both looking at it from different angles as we do on many issues  . I always take a risk averse approach and do my best to fly under the radar. The legislation says that a DSP recipient subject to a very small number of exceptions has a 13 week portability period. If they overstay beyond that then their payments are suspended for a period of 13 weeks I think before the DSP is cancelled and they need to reapply. I dont think having your payments suspended is a good thing. People here shouldn't just look at it as having a few extra bucks taken out of their fortnightly payment, but instead coming to the adverse attention of Centrelink. Just my own view anyway. |
|
|
|
Post by Banjo on Apr 4, 2012 12:18:02 GMT 7
Point taken, I think the whole board benefits from looking at different points of view.... people can make their own decisions then.
|
|
|
|
Post by anotherdsp on Apr 4, 2012 16:44:54 GMT 7
yep ya right rowdy, best not to give them any ammo also is a good way to look at it!! But normally you assume it would be reinstatement and backpaid. now the best results for them is cutoff and make you come back as a returning resident with the two year non portable tag! that must be the only prize in this witch hunt!??
|
|
i said %$#@%&?0&...
. I always take a risk averse approach and do my best to fly under the radar.