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Post by lemons on Sept 16, 2010 8:58:20 GMT 7
I was just browsing the Centrelink website, (I know - get a life!) when I happened upon this: www.centrelink.gov.au/internet/internet.nsf/international/pension_how_long.htm"How long can I receive Centrelink payments and services while outside of Australia" ......"In certain circumstances, you can continue to get your payment if you leave Australia, including if you:
* continue to meet qualifications (for example, if you are on a Disability Support Pension, you remain incapacitated for work"Well that applies to me. So WTF - why are they all of a sudden sending me questionaires and having bells and sirens ring when I visit an office to say I'm back?
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Post by Banker on Oct 28, 2010 11:19:10 GMT 7
Lemons is not feeling too well & asked me to post the reply he received from Macklins office. Part 1 here, Part 2 in the next post. Cheers Banker Attachments:
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Post by Banker on Oct 28, 2010 11:20:11 GMT 7
As promised Part 2. Attachments:
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Post by Banker on Oct 28, 2010 11:24:34 GMT 7
Have a look at the time difference between when Lemons contacted them and when they sent their reply, Happy I wasnt hanging by the ing balls waiting for it. Cheers Banker
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Post by Banjo on Oct 28, 2010 11:38:38 GMT 7
Thanks banker, and thanks and best wishes to lemons, get well soon mate. I've tried to convert the PDF file to text but it's barely readable.
Sufficient to say, it's not good news, the legislation is being prepared now. They go on about bringing us into line with other "workforce age" payments. If we're classed as workforce why aren't they looking for jobs for us? We need to look at getting exemptions for those of us Centrelink deems as unemployable, maybe joining the ranks of those who were granted unlimited portability prior to 2004.
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Post by Banker on Oct 28, 2010 12:49:40 GMT 7
Im no Lawyer but WHY & HOW can they (C/L) treat fellow Australians differently.
eg: Because I left Australia before you why do we come under different laws or policy..
To me this is nothing short of Discrimination, JMT.
Cheers Banker
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Post by siddhartha on Oct 28, 2010 19:01:27 GMT 7
Post Deleted: "Nothing to do with loosing the pension", or to do with attacking, fighting and bitching about Centrelink
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Post by lemons on Oct 29, 2010 8:13:17 GMT 7
Thanks to Banker for posting the .pdf letter from Ms Macklin's office on my behalf.
Sorry about the shite quality it of but believe it or not that's the state it arrived in, via email. That dude must have sent it via the moon!
My take on it is that as of Jan 1st you will have to pass these 'factors', and if you do then the 13 week limit will remain. If you fail the factors - bye bye DSP.
The 10 question questionaire I got a while back addressed all these factors. I got an acknowledgment of them receiving my answers, but nothing more.
Also thanks for the concern re my health. I'll be fine, and will definately continue to fight the fight.
Cheers lemons
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Post by Banjo on Oct 29, 2010 8:33:01 GMT 7
Thanks lemons, a valuable contribution. What concerns me, and I think most people, is that a minimum period that we have to remain in Australia before leaving again will be introduced. A guy at Welfare Rights told me last year he thought that we may only be allowed three months overseas every two years, which gave me a start I can tell you. However I can't see this eventuating, I'm still convinced that any action that will be taken will be against people who they deem to be still capable of retraining for the workforce. I'd advise people to get their ducks in a row now, get a cast iron address in Australia, make sure that any "relationship" you have with a non Australian isn't permanent and avoid a permanent overseas address. The residency rules seem to be about to be enforced with greater enthusiasm and bear in mind if you fail them it could come back to haunt you when you apply for the Old Age Pension.
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Post by siddhartha on Oct 29, 2010 12:32:09 GMT 7
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Post by siddhartha on Oct 29, 2010 12:40:12 GMT 7
Minister Jenny Macklin's Second Reading Speech, upon presentation of the bill to parliament:
Wednesday, 20 October 2010 Page: 3
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Ms MACKLIN (Jagajaga) (Minister for Families, Housing, Community Services and Indigenous Affairs) (9:17 AM) —I move:
That this bill be now read a second time.
This bill contains one 2010 budget measure and several other measures.
The budget measure in the bill will enhance the existing arrangements for special disability trusts as part of the government’s ongoing commitment to people with disability, their families and carers.
Special disability trusts were established in 2006 to help families and carers provide for the care and accommodation needs of a family member with a severe disability. Special disability trusts differ from other forms of trust in that they have generous concessions from social security means-testing arrangements for the beneficiary and eligible contributors. This means that a person with a disability who is a beneficiary of a special disability trust will not lose any of their disability support pension unless their assets exceed a generous assets test threshold.
In 2008, the Senate Standing Committee on Community Affairs found that take-up of these arrangements has been lower than expected. The arrangements developed under the former coalition government were not working for people with disability, their families and carers.
In response to the committee’s report, the government committed to a number of changes to special disability trusts in the 2010-11 budget to provide more flexibility for trust beneficiaries and to make special disability trusts more attractive for families.
Under the current rules, if a person with a disability works for as little as an hour for the ‘relevant minimum wage’ or above, they are not eligible to be a beneficiary of a special disability trust. This bill addresses this disincentive for people with disabilities to participate in work and the community. It will allow eligible people with a disability to work up to seven hours a week at or above the relevant minimum wage, or to work under the supported wage system, and still qualify as a beneficiary of a special disability trust.
Other amendments will significantly expand what trust funds can be used for, such as all medical expenses, including membership costs for private health funds, and maintenance expenses of special disability trust assets.
Amendments will also allow the trust to make up to $10,000 per year of discretionary spending for the beneficiary’s wellbeing, recreation and independence. This change addresses the previous restrictive rules that trust funds could only be used for specified care and accommodation expenses, and will increase the social participation of beneficiaries.
The changes contained in this bill will build on the taxation concessions the government announced in the 2009-10 budget in response to the Senate committee’s report.
The bill will also include amendments to close a loophole in qualification for disability support pension. This loophole has allowed continued payment of disability support pension to people who live permanently overseas but return to Australia every 13 weeks in order to retain their pension.
From 1 January 2011, only disability support pensioners permanently residing in Australia will continue to receive the pension, except under limited and specific circumstances. This change will bring disability support pension into line with other workforce age payments.
Closing this loophole will keep the disability support pension payment system fair and effective. Any pensioners who have a need to travel overseas for short periods will still have access to the 13-week temporary absence rule.
In a further measure, the bill will continue the government’s program under land rights legislation for the Northern Territory by adding further parcels of land to schedule 1 to the Aboriginal Land Rights (Northern Territory) Act 1976. This will allow the land in question (that is, certain land near Borroloola, and the Port Patterson Islands) to be granted to relevant Aboriginal Land Trusts, helping to resolve two long-running and complex land claims.
The bill also amends the Aboriginal and Torres Strait Islander Act 2005 in relation to the Indigenous Land Corporation established under that act. The Indigenous Land Corporation was established shortly after the Native Title Act 1993 came into effect. In recognition that native title may not be established by all Indigenous Australians, the Indigenous Land Corporation’s functions include helping Indigenous Australians to manage land, and to buy land, to provide long-term economic development and environmental, social and cultural benefits.
The amendments will allow the minister to issue guidelines that the Indigenous Land Corporation must take into account if it exercises its functions in supporting native title settlements. Given the complex context in which native title settlements are negotiated, the guidelines should help clarify the Indigenous Land Corporation’s role in supporting native title settlements by providing guidance in the exercise of its functions. The guidelines may also provide guidance to the Indigenous Land Corporation that will enhance its reporting requirements on specific matters covered in the guidelines.
In making these amendments, the government recognises that the Indigenous Land Corporation can assist with the resolution of native title settlements, particularly where connection to the land in question is at issue and native title may not be established.
Another measure in the bill will clarify the eligibility for family tax benefit part A of some families with FTB children who are studying overseas full time. If the courses these young people are undertaking do not link to an Australian qualification, it is not clear under the current legislation that they should attract family tax benefit part A.
This bill puts that policy intention beyond doubt and ensures that young people studying overseas full time are treated for family tax benefit purposes in the same way as full time students undertaking Australian study.
Lastly, the bill makes some minor amendments, including to address two minor anomalies arising from the pension reform legislation enacted in 2009. Both amendments are to make sure people get the benefit of the new provisions that they were intended to have.
Debate (on motion by Mr Andrews) adjourned.
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Post by Banjo on Oct 29, 2010 13:42:36 GMT 7
Thanks for that. As I said earlier, tighten up your Aussie residency qualifications even if you have to stay there for a while to get organised.
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Post by siddhartha on Oct 29, 2010 18:02:59 GMT 7
So far only Minister Jenny Macklin has spoken on this legislative bill in the parliament....
We are waiting for further debate....
Post Deleted: "Nothing to do with loosing the pension", or to do with attacking, fighting and bitching about Centrelink
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Post by Banjo on Oct 29, 2010 21:42:45 GMT 7
Just downloaded the changes to the act.... Social Security Act 1991 1 After paragraph 94(1)(e) Insert: (ea) either: (i) the person is an Australian resident; or (ii) the person is absent from Australia and all the circumstances described in paragraphs 1218AA(1)(a), (b), (c), (d) and (e) exist in relation to the person; and 2 After paragraph 94A(1)(j) Insert: (ja) either: (i) the person is an Australian resident; or (ii) the person is absent from Australia and all the circumstances described in paragraphs 1218AA(1)(a), (b), (c), (d) and (e) exist in relation to the person; and 3 At the end of subsection 94A(1) Add: Note: For Australian resident see section 7. 4 At the end of subsection 95(1) Add: ; and (d) either: (i) the person is an Australian resident; or (ii) the person is absent from Australia and all the circumstances described in paragraphs 1218AA(1)(a), (b), (c), (d) and (e) exist in relation to the person. 5 Section 1212 Insert: Australian resident disability support pensioner means a person who qualifies for disability support pension only because he or she is an Australian resident. 6 Section 1212 Insert: terminally ill overseas disability support pensioner means a person who qualifies for disability support pension because all the circumstances described in paragraphs 1218AA(1)(a), (b), (c), (d) and (e) exist in relation to the person. 7 Section 1217 (table item 3) Repeal the item, substitute: 2 Disability support pension Australian resident disability support pensioner Any temporary absence 13 weeks (but see also sections 1218AA and 1218) 3 Disability support pension Terminally ill overseas disability support pensioner Any absence Unlimited period 8 At the end of Part 3 of Schedule 1A Add: 150 Persons exempt from requirement to be Australian residents to qualify for disability support pension Paragraphs 94(1)(ea), 94A(1)(ja) and 95(1)(d) do not affect the qualification for disability support pension of: (a) a person to whom the provisions mentioned in subclause 128(1) continue to apply as described in that subclause; or (b) a person who is covered by a determination under clause 135. Here's the Act www.austlii.com/au/legis/cth/consol_act/ssa1991186/Happy reading
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Post by Banker on Oct 30, 2010 16:20:20 GMT 7
So far only Minister Jenny Macklin has spoken on this legislative bill in the parliament.... We are waiting for further debate.... DECLARATION OF A STATE OF EMERGENCY!
AS COMMISSAR OF DSPOVERSEAS.PROBOARDS.COM I FORMALLY ANNOUNCE A STATE OF EMERGENCY, EFFECTIVE IMMEDIATELY.
THERE IS A LEGISLATIVE BILL SITTING ON THE TABLE IN THE MIDDLE OF THE HOUSE OF REPRESENTATIVES THAT THREATENS THE LIVES OF DISABILITY SUPPORT PENSIONERS WHO WISH TO TRAVEL OVERSEAS.
IF YOU ARE A DISABILITY SUPPORT PENSIONER WHO WISHES TO TRAVEL OVERSEAS, WHO VALUES YOUR FREEDOM TO TRAVEL AND LIVE OVERSEAS, WHO VALUES YOUR HUMAN RIGHTS AND HUMAN DIGNITY, THEN YOU MUST ACT NOW!!!!
WE MUST FOCUS OUR ATTENTION ON THE TWO MEMBERS OF PARLIAMENT WHO ARE SYMPATHETIC TO DISABILITY SUPPORT PENSIONERS AND WHO ARE INCLINED TO RISE AND DEBATE THIS BILL AND VOTE AGAINST THIS BILL:
ADAM BANDT: adam.bandt.mp@aph.gov.auANDREW WILKIE: wilkie.andrew@bigpond.comALL DISABILITY SUPPORT PENSIONERS MUST COMMENCE A PROGRAM OF CONSTANT 24 HOUR A DAY EMAILING OF THESE TWO POLITICIANS, EMAILING THEM EVERY HOUR, ON THE HOUR, UNTIL THEY RESPOND. BE PREPARED TO SEND HUNDREDS OF EMAILS.
YOU MAY USE CAPITAL LETTERS (SHOUTING) AS YOU WISH.
THIS LEGISLATIVE BILL CAN BE DEFEATED!!!
COMRADES, WORK TOGETHER, HOLD THE LINE, AND DO NOT BREAK RANKS!!
THIS LEGISLATIVE BILL CAN BE DEFEATED!!!
Is there any chance you could do up an email that could be sent by all of us just a C&P as typing for any period of time causes me a great deal of pain. This is not looking good at all. In saying that I think if we had a Liberal Govt we would get screwed even more. Cheers Banker
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