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Post by stream on Jul 8, 2012 10:22:24 GMT 7
As a DSP receipient,,has the 13 week amount of time you can be out of the country been passed to now just 6 weeks? Or has it been quashed? Thanks
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Post by scuzzy on Jul 8, 2012 10:47:43 GMT 7
As a DSP receipient,,has the 13 week amount of time you can be out of the country been passed to now just 6 weeks? Or has it been quashed? Thanks Hi There. tyhe quick answer to your question is yes, the new six week rule comes into effect on Jan 1 2013. Here is a posting I put up a week or so ago in relation to another similar enquiry by another new member. Hope it fills in the blanks for you. Cheers; The only way that you'd possibly not be subject to the current or upcoming DSP portability rules would be if you were 'grandfathered' in 2004, which means you were on DSP at that time, were overseas on July 1 2004, and have spent most of your time overseas instead of in Australia and have subsequently been deemed 'non-resident' for Centrelink purposes.
In this case you'd already have indefinite portability and not subject to the current 13 week rule, or the soon to be 6 week rule.
But even if you were on DSP and overseas on July 1 2004, you probably aren't 'grandfathered' unless you've been living mostly overseas since that time. Does that sound like you?
If you're still not sure, but if you've got a medicare card and pensioner concession card, that would be a good indicator that you're resident in Australia and therefore not 'grandfathered'.
If you're not 'grandfathered, then you're in the same boat as most others on this forum.
Basically, you can't live in the Philippines or anywhere else outside Australia and still keep getting DSP, except if you were to move to one of about two dozen 'agreement countries', which are mostly European countries ( just google 'DSP agreement countries' if you're curious)
Up until Dec 31 this year, you can spend 13 weeks in the Philippines and then have to come back to Australia. Come Jan 1 2013, That will shorten to 6 weeks. There is no minimum period of time you must stay in Australia, so technically you could land, turn around and go back. BUT (and it's a big BUT), if you spend more time overseas than you do in Australia, they will start to try to declare you 'non-resident' and then strip you of DSP. They are militant about this.
The only way to be exempt from this regime is to apply for 'Indefinite Portability'. BUT (and this is an even bigger BUT), you must be re-assesed, which means you will have your medical condition re-assesed under the newer and tougher 'Impairment tables' and you must score 20 points on one single table or you'll loose your DSP.
If you do score 20 points (which means you are then technically classified as 'severely disabled') , then you must go through a J.C.A (Job Capacity Asessment) and must be assesed as being incapable of doing 15 hours of work a week. If they assess you as being able to do 15 hours of work or more, then you loose DSP, regardless of your 'severe disability' (yep, it's crazy)
Only If they assess you as being unable to do 2 hours or more will you then be eligible for 'Indefinite Portability' (I.P)
BUUUUUTTTTT, (getting sick of the 'BUT's yet?!).....none of us are really sure whether they will still be breaking balls over the 'residency' issue for people granted indefinite portability ie. must spend more time in Australia than overseas.
Any of the decisions made by Centrelink during the above process can be appealed and overturned if you have good grounds.
As Banjo says, we've all just recently managed to get our heads around the new changes to the rules and most are still taking stock of things. Because everyone's circumstances are different, everyone will make different decisions accordingly.
Some will choose to run the risk of loosing DSP while others won't, while some others are undecided. There's a lot to weigh up and it's a huge decision to make and a lot of different factors to take into account.
Also as banjo said, the best 'crash course' you could take on this subject is to spend time going back over the threads in this forum to get a handle on the many pitfalls that await. 'Welfare Rights' is also a good resource.
Dealing with Centrelink is like walking through a minefield, so get a good lay of the land before you even take one single step forward. To not do so could be at your own peril, as many of us have found out the hard way.
The reason behind all of this is that the Government want's to slash DSP numbers by 40%, so always bear that in mind in your dealings with them. The creed by which they live seems to be "Cancell 'em all, let the appeals process sort 'em out".
When it comes to Centrelink, more often than not you have to fight for your rights, and it can be a long, hard, dirty, demoralising fight.
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Post by rowdy on Jul 8, 2012 10:48:37 GMT 7
As a DSP receipient,,has the 13 week amount of time you can be out of the country been passed to now just 6 weeks? Or has it been quashed? Thanks Has passed both houses and received royal assent - is now law. 6 weeks portability starts from 01/01/2013. Anyone departing Australia up until the 31/12/2012 will still be under 13 weeks portability. Departing from 01/01/2012 and its 6 weeks.
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Post by stream on Jul 8, 2012 11:16:21 GMT 7
Many thanks scuzzy and rowdy for answering my question. Interesting times ahead. Cheers
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Post by roxane on Jul 8, 2012 13:55:30 GMT 7
"so technically you could land, turn around and go back."
I asked this question and I was told by CI that you have have to wait till the next day. (spend some extra $ for accommodation, or sleep at the airport)
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Post by Banjo on Jul 8, 2012 14:17:12 GMT 7
This was taken from a Centrelink inter-office email included in my file.
There is no minimum time required for which they must remain in Australia to reset the 13 week portability clock and so technically they may land in Australia, go through customs and leave Australia the same or next day and be payable for a further 13 weeks.
Of course the residency "rules" changed on 1/1/12.
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Post by bundyrum on Jul 9, 2012 6:42:31 GMT 7
As a DSP receipient,,has the 13 week amount of time you can be out of the country been passed to now just 6 weeks? Or has it been quashed? Thanks Hi There.Scuzzy..I am all of what u said..over and back since 2002 so they say..not taken into account..also against me was going back same day so no u can't just come and go so thay say..u must be a permenant resident of Australia..meaning only Tempary o/s..mabe only 13 weeks..it's up to them..and yes they are culling DSP'S..AS U KNOW I'm cancelled and yes the ARO has upheld the decision.next the SSAT...MY COMPLAINT TO THE hUMAN rIGHTS said go back to C/L..No bloody help at all.they said they take a case if they want..so not mine.Article 18..means nothing.As I have said b 4.when they want to piss u off they will. No replies from my contact to Gov't..can some1 post me the forms for ;IP;..tAKE cARE ALL..SOB SOB.. tyhe quick answer to your question is yes, the new six week rule comes into effect on Jan 1 2013. Here is a posting I put up a week or so ago in relation to another similar enquiry by another new member. Hope it fills in the blanks for you. Cheers; The only way that you'd possibly not be subject to the current or upcoming DSP portability rules would be if you were 'grandfathered' in 2004, which means you were on DSP at that time, were overseas on July 1 2004, and have spent most of your time overseas instead of in Australia and have subsequently been deemed 'non-resident' for Centrelink purposes.
In this case you'd already have indefinite portability and not subject to the current 13 week rule, or the soon to be 6 week rule.
But even if you were on DSP and overseas on July 1 2004, you probably aren't 'grandfathered' unless you've been living mostly overseas since that time. Does that sound like you?
If you're still not sure, but if you've got a medicare card and pensioner concession card, that would be a good indicator that you're resident in Australia and therefore not 'grandfathered'.
If you're not 'grandfathered, then you're in the same boat as most others on this forum.
Basically, you can't live in the Philippines or anywhere else outside Australia and still keep getting DSP, except if you were to move to one of about two dozen 'agreement countries', which are mostly European countries ( just google 'DSP agreement countries' if you're curious)
Up until Dec 31 this year, you can spend 13 weeks in the Philippines and then have to come back to Australia. Come Jan 1 2013, That will shorten to 6 weeks. There is no minimum period of time you must stay in Australia, so technically you could land, turn around and go back. BUT (and it's a big BUT), if you spend more time overseas than you do in Australia, they will start to try to declare you 'non-resident' and then strip you of DSP. They are militant about this.
The only way to be exempt from this regime is to apply for 'Indefinite Portability'. BUT (and this is an even bigger BUT), you must be re-assesed, which means you will have your medical condition re-assesed under the newer and tougher 'Impairment tables' and you must score 20 points on one single table or you'll loose your DSP.
If you do score 20 points (which means you are then technically classified as 'severely disabled') , then you must go through a J.C.A (Job Capacity Asessment) and must be assesed as being incapable of doing 15 hours of work a week. If they assess you as being able to do 15 hours of work or more, then you loose DSP, regardless of your 'severe disability' (yep, it's crazy)
Only If they assess you as being unable to do 2 hours or more will you then be eligible for 'Indefinite Portability' (I.P)
BUUUUUTTTTT, (getting sick of the 'BUT's yet?!).....none of us are really sure whether they will still be breaking balls over the 'residency' issue for people granted indefinite portability ie. must spend more time in Australia than overseas.
Any of the decisions made by Centrelink during the above process can be appealed and overturned if you have good grounds.
As Banjo says, we've all just recently managed to get our heads around the new changes to the rules and most are still taking stock of things. Because everyone's circumstances are different, everyone will make different decisions accordingly.
Some will choose to run the risk of loosing DSP while others won't, while some others are undecided. There's a lot to weigh up and it's a huge decision to make and a lot of different factors to take into account.
Also as banjo said, the best 'crash course' you could take on this subject is to spend time going back over the threads in this forum to get a handle on the many pitfalls that await. 'Welfare Rights' is also a good resource.
Dealing with Centrelink is like walking through a minefield, so get a good lay of the land before you even take one single step forward. To not do so could be at your own peril, as many of us have found out the hard way.
The reason behind all of this is that the Government want's to slash DSP numbers by 40%, so always bear that in mind in your dealings with them. The creed by which they live seems to be "Cancell 'em all, let the appeals process sort 'em out".
When it comes to Centrelink, more often than not you have to fight for your rights, and it can be a long, hard, dirty, demoralising fight.
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Post by scuzzy on Jul 9, 2012 7:38:05 GMT 7
Hi Bundy. Yeah, it makes you wonder why they never just came up with a hard and fast set of rules for everyone to follow, but I suppose it makes it easier for them to keep winning when they keep the rule-book vague and keep on moving the goal-posts, eh?!
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Post by bundyrum on Jul 9, 2012 9:01:17 GMT 7
yes..they can do what they want..anyway been to SSAT before....even asked them for $30 for fuel..funny watchen them into their pockets..but they gave it to me.that was in Port Macquarie..You all might not know that there is another benifit,which I have been on..It's called a Hardship Benifit..Too long to explain it to u all.This would drive a man to drinknnn.Just take care ALL.
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