peace
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Posts: 8
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Post by peace on Aug 21, 2012 7:49:42 GMT 7
Hi All,
Although I have not read everything on this site yet, I have noticed that the second reading speech on portability has been mentioned. Incase this is not fully been linked to the site, here are the links to the full debates on the issue in parliament.
These debates contain the true spirit behind changes in legislation. These are what are used in court cases when presented to a judge as the interpretation of the true meaning of the legislation.
I have some previous experience in research so if anyone wants anything looked up please contact me.
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peace
Full Member
Posts: 8
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Post by peace on Aug 21, 2012 7:50:38 GMT 7
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peace
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Posts: 8
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Post by peace on Aug 21, 2012 8:29:35 GMT 7
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peace
Full Member
Posts: 8
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Post by peace on Aug 21, 2012 8:46:37 GMT 7
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Post by latindancer on Aug 21, 2012 11:28:48 GMT 7
These debates contain the true spirit behind changes in legislation. These are what are used in court cases when presented to a judge as the interpretation of the true meaning of the legislation. Great stuff, Peace ! I hadn't realized this sort of thing was used in court cases. I myself am not going for portability, but do you think perhaps there is anything in parliament about people who marry overseas being able to get exemption (through section 24 of the Social Security Act) from being regarded as a couple ? There are other people here (myself included) who have had their single pension reduced by 30% whilst overseas because they are married to a foreigner. Whilst in Oz we gt the single rate. But it really stinks that we get such a huge reduction whilst O/S. My wife makes a small wage, but another member here is married to an unemployed lady and still has his DSP reduced to half what the married rate WOULD be....except his wife is ineligible. Catch-22 stuff. |
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Deleted
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Post by Deleted on Aug 21, 2012 13:50:16 GMT 7
hi latindancer,i was told by c/l that once i get married i am on a married couple pension in australia even though she will be in japan no ifs or buts ,that is why we have never married yet.and do people still need a garantee of insurance if they wish to bring ther partner to australia or did they stop all that thanks.
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Post by latindancer on Aug 21, 2012 19:11:17 GMT 7
Hi Terry, I don't know which pension you are on, but I get DSP and when in Oz without my wife I receive the single rate, but when in Thailand I get half the married rate. I had to push Centrelink for it though. About the other matter, I am currently waiting to see if they give me a hard time about my not having any savings to speak of. However, January 03, 2012 Migration Regulations 1994 have been amended to remove the discretionary "Assurance of Support" (AoS) requirements from certain Partner visas, the Australian Department of Immigration and Citizenship has recently announced. www.migrationexpert.com.au/visa/australian_immigration_news/2012/jan/0/573/removal_of_assurance_of_support_from_australian_partner_visas....................................... .......................................................................... Removal of the discretionary Assurance of Support requirment from Partner visas The discretionary Assurance of Support (AoS) requirement will be removed from Partner visas. This change means that an AoS will not be required for Partner visa applications made on or after 1 January 2012. The change also applies to Partner visa applications made but not finally determined by 1 January 2012. This change affects the following visa subclasses: Partner temporary visa (subclass 309) Partner permanent visa (subclass 100) Partner temporary visa (subclass 820) Partner permanent visa (subclass 801) ............................................................. .............................................. Amendments to the Social Security Act 1991 from 1 January 2012, will allow access to Special Benefit payments for the holders of temporary Partner visas. This will align with access to Special Benefit for the holders of permanent Partner visas. Thus, during the Partner (temporary) visa holder's initial two-year residence in Australia, the visa holder must prove they are in financial hardship and have experienced a substantial change in circumstances beyond their control since arrival in Australia to be eligible for payment of Special Benefit. As the amendments to the Social Security Act 1991 align access to Special Benefit for the holders of temporary Partner visas with that of permanent visa holders, the discretionary Assurance of Support requirement will become redundant for these visas. DIAC have also decided to remove the requirement for the discretionary Assurance of Support from the permanent Partner visas. Does anyone know what "circumstances beyond their control" might be ? |
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Deleted
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Post by Deleted on Aug 22, 2012 5:29:24 GMT 7
thanks latin dancer,very good news,i am on a dsp thanks again.
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Post by muso on Dec 19, 2012 16:43:00 GMT 7
Can someone explain to me if these changes are now in effect? I mean, can I get dsp and then apply to live overseas due to severe disability?
Thanks for the explain.
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Post by Banjo on Dec 19, 2012 17:22:31 GMT 7
Basically, yes you can get the DSP if you meet the criteria, namely the correct number of points on the new assessment tables.
You can apply for the unlimited portability, once again if you meet Centrelink's requirements which currently seem to be the ability to work only 2 hours a week or less.
We're testing this in the appeals system at the moment, but your first job is to get on the DSP.
Get the forms and see your doctor.
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Post by muso on Dec 19, 2012 23:05:51 GMT 7
Banjo, good advice, but I am in Thailand now, living off my savings. I should do what you say, but now I just cannot find the energy to think about doing that. Maybe later, I hope.
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Post by Banjo on Dec 20, 2012 7:49:31 GMT 7
Dude, Centrelink thrives on people who have no energy to claim their benefits.
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Post by muso on Dec 20, 2012 9:48:24 GMT 7
Banjo, I hear what you say, but I have been in Thailand for 2 years. I would fail the residency.
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Post by Banjo on Dec 20, 2012 11:10:04 GMT 7
For the DSP?
Their rule says you have to be a resident and in Australia when you claim.
Come back and get a place to live and give it a try.
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Post by Banker on Dec 20, 2012 16:32:26 GMT 7
Dude, Centrelink thrives on people who have no energy to claim their benefits. This is so true. A friend of mine that had bladder cancer, had surgery then waiting for kemo he applied for sickness benefits or DSP with all of the Doctors cert saying he was unfit for work. Centrelink would only put him on newstart and said that they could over rule the Doctors. I told my friend I would go to C/L with him and fight the bastards about this but his reply was Banker I just don't have the energy to take this any further. This guy has been a friend of mine for 30 years, not just someone I met in the street so to speak. He is now on the OAP. These bastards will use your weakness to win. Centrelink are NOT our friends. |
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