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Post by baranghope on Oct 22, 2012 15:53:13 GMT 7
For most individuals on the DSP perhaps it is time to bite the bullet, and give up the almost hopeless and risky cycle of engaging in having any offshore portability declined. The death cries of those now forced to repatriate abound in this Forum. Many courageously fighting a losing battle. Endless appeals in an attempt to restore the non-resident lifestyle they enjoyed for years or decades. Maybe one or two escape and retain their only source of money.
The bottom line really is acceptance of the legal reality. Even though you might hate it, or erroneously blame "Labor" or the Ranga or Swan for your problems . . . adapting to new draconian realities (which were after all proclaimed well in advance) is your problem, not theirs. Any LNP federal government will go after the remaining loopholes, and shut down the offshore freedoms of the OAPs. The next squeeze play will be Medicare, which will have a residency requirement for anyone thinking they will parachute back to Oz for medical treatment. Canada (which has a Mining magnate as leader) has closed this off by requiring that any citizen who has lived offshore for over a year cannot access Medicare for several months upon return (meaning private insurance thank you). This is the bottom line: policy makers have figured out how to keep government money in the country: just change residency times, and add huge costs to anything offshore. As in now we have to pay for (6 week) holidays like the taxpayers, endgame, and they know it.
The real issue for most DSPers should be the threat of having to undergo any Med Review or JCA. Severe disability is hard to score, when pain is discounted. It becomes an abstract. You may fail that and almost certainly, you will fail the JCA hours of work capability bullshit. Even without inviting the above by applying for it, you have about a 1.2% chance of being subjected to a "random" review . . . but the good news is there are few who have lost their disability entitlement.
The real point is a personal one. If you are not a rorter (and most of them are of the undeclared income variety anyway, and never get investigated due to surveillance costs) and you are disabled then you know that if you were demoted to Newstart you are dead. Period. Finished. On the street. So I recommend you hunker down in these dangerous times and keep your powder dry. But don't stick your head up.
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Post by Banjo on Oct 22, 2012 19:02:02 GMT 7
Too late mate.
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Post by zorro1 on Oct 22, 2012 19:34:50 GMT 7
Good post. well written with logic however so far the evidance is to the contrary
"when pain is discounted. It becomes an abstract. You may fail that and almost certainly, you will fail the JCA hours of work capability bullshit "
This statement is not correct. We have had a poster declined on portability But did not lose his scores nor was he kicked off to newstart. Recently there was another poster approved with a score of 30!
Lets wait for evidence to back your point of view which is simply your opinion on what may happen but its not backed up in hard facts
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Post by skeptic on Oct 22, 2012 21:59:45 GMT 7
According to your reasoning, we should all just shut up and do as we are told. No fight is ever won by lying down. Even though I have been a member of this forum for only a short period, I have read many posts where members have won out when they appealed decisions.
I don't think you would make a good poker player as Centrelink ( Human Resources ) seems to attempting too many bluffs. We would be playing right into their hands if we refuse to stand up for our rights. They are the ones who are should be ashamed of themselves for discriminating against us, and it is our duty to resist.
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Post by Denis-NFA on Oct 22, 2012 22:09:52 GMT 7
baranghopeI will say this again.....to everyone.... forget the furphy of residence. Its the zero work capacity that counts. and you sound like a c/l person
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Post by Banker on Oct 23, 2012 6:26:40 GMT 7
According to your reasoning, we should all just shut up and do as we are told. No fight is ever won by lying down. Even though I have been a member of this forum for only a short period, I have read many posts where members have won out when they appealed decisions. I don't think you would make a good poker player as Centrelink ( Human Resources ) seems to attempting too many bluffs. We would be playing right into their hands if we refuse to stand up for our rights. They are the ones who are should be ashamed of themselves for discriminating against us, and it is our duty to resist. Like I say every day. "You will only fail when you stop trying"
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Post by baranghope on Oct 23, 2012 6:37:02 GMT 7
Despite stirring with my logical summary, I thank God some people are applying for indefinite portability, as only they will define the real CL goal posts. But I do not think residency is a furphy . . . it is too synced to Tax office residency requirements not to remain a factor. From another angle look at it this way: the DSP effectively now ends at age 65 (for those who turn 65 within 4 years), 67 or whatever thereafter. Why? Well, who given the option is going to stay on the DSP and be forced to pay for 6 week "holidays" when you can transfer to the OAP and live offshore. This fact alone will bring down the DSP numbers. As I intimated, the LNP would go after the OAP, the last escape gaol card, via residency and Medicare requirements.
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Post by Banjo on Oct 23, 2012 7:25:55 GMT 7
baranghopeI will say this again.....to everyone.... forget the furphy of residence. Its the zero work capacity that counts. and you sound like a c/l person I'd like to vouch for baranghope's creds as a DSP battler trapped far from where he would rather be, I've met him personally a number of times. I think a lot of what he says comes from the despair that a lot of welfare recipients feel, broke and more going out that's coming in. Residency is certainly part of the smoke and mirrors campaign the government wages against us, it's never been adequately explained how it damages the economy by allowing unlimited travel by pensioners. The impairment tables and zero work capacity are most certainly what counts, it's the whip in Centrelink's hand. We have to keep fighting, for ourselves and each other, as some politician once said, if we don't hang together we will most assuredly hang separately. |
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Post by roxane on Oct 23, 2012 12:02:01 GMT 7
There are many posts here that some has tried and succeeded for U/P. Has anybody you know of who is 10 years or more from OAP has applied risking losing DSP and be put on newstart? I doubt it. Unless that person has a extremely very severe disability. Even cancer doesn't count as such.
But I agree, have to keep fighting. I'll keep writing emails even though I know I'll receive some bullshit useless reply.
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Post by Banjo on Oct 23, 2012 13:08:21 GMT 7
The legislation says "no future work capacity" and that's what we have to hold them to.
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Post by ghostbuster on Oct 23, 2012 15:06:24 GMT 7
Hi all. I returned to Philippines on Monday morning after going to oz for my 13 weeks check in. When i rang cl to advise of my arrival i was told "you have been spending a lot of time o`seas, do you live there?". I replied no just holiday. Was then told "you will be assessed the next time you return" I said ok thanks and that was it. But i failed to inform him that i will be applying for oap in february. So (fingers crossed) i will keep a low profile until the time comes in february to apply for oap.  |
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Post by Banjo on Oct 23, 2012 15:47:59 GMT 7
Good luck with that, even if you have to hang around for a month you've had a good run.
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Post by baranghope on Oct 25, 2012 11:02:13 GMT 7
Hi all. I returned to Philippines on Monday morning after going to oz for my 13 weeks check in. When i rang cl to advise of my arrival i was told "you have been spending a lot of time o`seas, do you live there?". I replied no just holiday. Was then told "you will be assessed the next time you return" I said ok thanks and that was it. But i failed to inform him that i will be applying for oap in february. So (fingers crossed) i will keep a low profile until the time comes in february to apply for oap. Only problem I see is that if they know you can apply for the OAP in a few months, which they would know just by looking at your age and onscreen file info, well they may deliberately then try and prove you have been a non-resident. Why? Because they then do not have to give you the OAP at age 65 . . . not until you have resided onshore in Oz for 2 full years (that is the law in fact). I don't know why on earth they would do this other than for convict style punishment . . . but if they are going to assess you it is for residency right, as a Med Review/JCA would be really pointless?? Beware. I've got 4 years plus until my OAP (if I'm spared) and would always keep a longstanding resident lease going (rental) as proof of residency. If you travel alot, and don't own or have a long term lease, well I think they will take a shot at you now. |
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Post by Banjo on Oct 25, 2012 11:21:23 GMT 7
I think that a warning of an approaching residency assessment is SOP now, I've been threatened a couple of times recently and this is "definitely my last trip".
The thing we have to consider is they don't have a good track record with residency appeals, the legislation is too vague.
I'm on the cusp of the OAP myself and can see no reason why I shouldn't push the envelope again next year.
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Post by howdo on Oct 26, 2012 3:46:08 GMT 7
Hi all. I returned to Philippines on Monday morning after going to oz for my 13 weeks check in. When i rang cl to advise of my arrival i was told "you have been spending a lot of time o`seas, do you live there?". I replied no just holiday. Was then told "you will be assessed the next time you return" I said ok thanks and that was it. But i failed to inform him that i will be applying for oap in february. So (fingers crossed) i will keep a low profile until the time comes in february to apply for oap. Only problem I see is that if they know you can apply for the OAP in a few months, which they would know just by looking at your age and onscreen file info, well they may deliberately then try and prove you have been a non-resident. Why? Because they then do not have to give you the OAP at age 65 . . . not until you have resided onshore in Oz for 2 full years (that is the law in fact). I don't know why on earth they would do this other than for convict style punishment . . . but if they are going to assess you it is for residency right, as a Med Review/JCA would be really pointless?? Beware. I've got 4 years plus until my OAP (if I'm spared) and would always keep a longstanding resident lease going (rental) as proof of residency. If you travel alot, and don't own or have a long term lease, well I think they will take a shot at you now. Hi baranghope, mate, are you sure that is the law? I didn't think that was in the legislation. A question for all, if you are stopped your DSP while overseas and decided to stay overseas until you were due your pension. Would you then be allowed to claim your pension. Have any members been in this situation. |
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