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Post by Banjo on Nov 22, 2011 7:50:28 GMT 7
whats the chance of a swift reply from her banjo.... I may get a reply this year, if not it could be February. Politicians believe in plenty of time off for Christmas.
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Post by zorro1 on Nov 22, 2011 9:44:45 GMT 7
I either return within 13 weeks and have my DSP reinstated in Australia, or stay out up to 26 weeks without any payment and on return can have my DSP reinstated, or if I stay out longer than 26 weeks I will have to reapply for DSP on my return. And then in July 2012 I can leave indefinitely. ? Your case manager would be well aware of your permanent disability and that you are entitled to permanent portability so the question remains , WHY?? why do they want you back in OZ when your only 6 months away from permanent portability? I can only guess that the letter was sent to every frequent flyer with the hope that some may not return hence forfeiting their pension. just a guess. Be careful, if you voluntarily lose your pension as re your quote, you will then have to re apply on the new system which looks a lot more complicated.
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Post by rowdy on Nov 22, 2011 11:10:27 GMT 7
I either return within 13 weeks and have my DSP reinstated in Australia, or stay out up to 26 weeks without any payment and on return can have my DSP reinstated, or if I stay out longer than 26 weeks I will have to reapply for DSP on my return. And then in July 2012 I can leave indefinitely. ? Your case manager would be well aware of your permanent disability and that you are entitled to permanent portability so the question remains , WHY?? why do they want you back in OZ when your only 6 months away from permanent portability? I can only guess that the letter was sent to every frequent flyer with the hope that some may not return hence forfeiting their pension. just a guess. Be careful, if you voluntarily lose your pension as re your quote, you will then have to re apply on the new system which looks a lot more complicated. Dont you have to be terminally ill to get unlimited portability on the DSP. As for these so called changes to the portability from the 01/07/12 doesn't the law have to be changed.
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Post by immiadvice on Nov 22, 2011 11:14:31 GMT 7
I either return within 13 weeks and have my DSP reinstated in Australia, or stay out up to 26 weeks without any payment and on return can have my DSP reinstated, or if I stay out longer than 26 weeks I will have to reapply for DSP on my return. And then in July 2012 I can leave indefinitely. ? Your case manager would be well aware of your permanent disability and that you are entitled to permanent portability so the question remains , WHY?? why do they want you back in OZ when your only 6 months away from permanent portability? I can only guess that the letter was sent to every frequent flyer with the hope that some may not return hence forfeiting their pension. just a guess. Be careful, if you voluntarily lose your pension as re your quote, you will then have to re apply on the new system which looks a lot more complicated. According to the preliminary statement, longer portability will not be granted until the recipient has undergone a medical review under a revised impairment table. The legislation for the revised impairment tables has not yet passed parliament. The legislation for the new portability laws has not yet been introduced to parliament. To think there will be any changes to portability laws by July 2012 is probably a little far fetched. Also I note, Centrelink WILL be enforcing the 2 year returned resident waiting period on portability. Make plans!
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Post by zorro1 on Nov 22, 2011 11:16:39 GMT 7
Rowdy no you dont need to be terminally ill. www.humanservices.gov.au/corporate/publications-and-resources/budget/measures/disability-and-illness/9888Budget 2011-12: Indefinite portability for permanently disabled Disability Support Pension recipients who have no work capacity Description of the measure From 1 July 2012, people with a permanent disability who receive Disability Support Pension (DSP) and have no future work capacity and who wish to leave Australia to be with friends and family will remain payable outside Australia indefinitely. DSP customers who leave Australia and wish to remain payable under this new measure for more than 13 weeks will be required to have a new work capacity assessment before their departure. This measure acknowledges that DSP customers should be able....(huh? they dont even know themselves )..... to continue receiving income support outside Australia where there is no expectation of workforce participation.
Currently, DSP is generally only payable for the first 13 weeks of a temporary absence from Australia. After 13 weeks, DSP is suspended and subsequently cancelled if the customer has not returned to Australia. This measure will provide health cost savings and ease the demand on nursing home places and aged care facilities in Australia.Duh! the last paragraph sums it up. Not rocket science so why so difficult
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Post by zorro1 on Nov 22, 2011 12:24:40 GMT 7
Also I note, Centrelink WILL be enforcing the 2 year returned resident waiting period on portability. Make plans! Can you elaborate on this thanks.
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Post by Banjo on Nov 22, 2011 13:41:28 GMT 7
How will I know if I am eligible for this Budget measure?If you think you may be eligible, contact Centrelink and ask for advice. From 1 July 2012, Centrelink will assess your eligibility as part of a pre-departure interview and will advise you of your eligibility. What does 'no work capacity' mean?Eligibility criteria for meeting the 'no work capacity' test are yet to be defined. Centrelink will provide information once they become available. www.humanservices.gov.au/corporate/publications-and-resources/budget/measures/disability-and-illness/9888
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Post by rodcourt49 on Nov 22, 2011 14:23:24 GMT 7
..Jenny Macklin's Media Release regarding "indefinite portability as of July 2012". This amendment should be grandfathered if one considers the spirit in which the legislation is drafted. (Yes 'rowdy' I will be keeping my 13 week option open and play it to the letter..only 2 more sleeps).
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Post by brad61 on Nov 23, 2011 10:51:49 GMT 7
Hi guys, im due to return to aus in feb..assuming a havnt been called in for a residency assessment in the meantime ..is it safe to assume i could get one more trip in or possibly 2 before the july 2012 laws come into affect...are these assessment after jan 1 mainly for long term absence from aus..i would have only been out of the country for 1 year in feb, first time ever in 50 years ive ever been out of the country..another things is..with the portability rules does one have to have resided in an agreement country or do we simply give intent to live there..
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Post by Banjo on Nov 23, 2011 12:56:40 GMT 7
If this is your first trip I'd say you have little to worry about. Here's the International Agreement stuff... www.centrelink.gov.au/internet/internet.nsf/international/pension_agreements.htmWho do agreements helpAgreements help if you have lived in Australia and in an agreement country and have been covered by that other country's social insurance scheme. They only cover pensions, e.g. Age Pension, Disability Support Pension, Carer Payment (adult), Double Orphan Pension and Parenting Payment (Single) and payments covered vary with different agreements. How do agreements helpAgreements can help by: adding together your periods of social insurance (or residence in some cases) in an agreement country and your periods of Australian residence to meet the minimum qualifying residence periods for an Australian pension or a pension from the agreement country. overcoming payment restrictions by the agreement country based on citizenship or country of residence. enabling you, in some cases, to lodge a claim for a benefit under an agreement while living in a country other than the 2 countries that are party to the agreement. Note: This is only possible if you live in a country which will accept claims under other international social security agreements, and are claiming a pension under an agreement that allows 3rd-country claims. How much pension do I get paid under an agreementEveryone's circumstances are different and it is not possible to advise the amount that you will receive. However, apart from being affected by your income and assets, the following special rules also apply to these payments. Each country usually pays you a part pension. Foreign pension rates are usually proportional to the length of your social insurance period. Australian pensions are usually paid at a proportional rate outside Australia, and as top up pension inside Australia (i.e. any pension you receive from the country whose agreement you are being paid will generally reduce your Australian pension dollar for dollar). For the Australian pension, some foreign welfare payments are not treated as income. Some agreements allow special treatment of certain pensions paid by that country's social insurance fund. How do I claim a foreign pension while in Australia
You can get a claim form for a foreign pension from any agreement country posted to you in Australia by contacting Centrelink International Services on 13 1673 or by visiting any Centrelink Customer Service Centre. You can only get a claim form for a foreign pension from a non-agreement country by contacting the social security authority in that country. You can get contact details for many countries, or help with your claim by visiting any Centrelink Customer Service Centre or telephoning Centrelink. Note: If you are receiving or claiming certain Australian payments, including an Australian Age Pension, you (and your partner if applicable) must take steps to get a pension from the country you lived in, or provide a reason why a claim would be unsuccessful. How do I claim an Australian pension while outside AustraliaIf you are living in an agreement country, you can claim an Australian pension by: visiting the relevant offices of the social security authority in any agreement country telephoning Centrelink International Services on our International numbers, or downloading our International claim forms. You cannot claim an Australian pension unless you are residing in Australia OR an agreement country. Note: If you are claiming certain Australian payments, including Age Pension, you (and your partner if applicable) must take steps to get a pension from the country you lived in, or provide a reason why a claim would be unsuccessful.
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Post by brad61 on Nov 23, 2011 14:18:33 GMT 7
yes banjo its my first time out of the country was feb this year ,but ive been back to aus a few time within the 13 weeks allowable..only stayed a week and then back here..so is it safe to say they wouldnt be grilling me yet...
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Post by Banjo on Nov 23, 2011 18:31:46 GMT 7
Can't see why not.
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Post by rodcourt49 on Nov 24, 2011 15:14:54 GMT 7
..Hi all. Just got off the blower from my telephone interview fron International Services. All straight forward but no joy either. I'm afraid the result is as expected. Below is a brief summary of the 19 minute interview which really touched on two points only ie 'residency' and 'intent'. I asked many questions as well and received more or less the same reply. One point which is worthy to note is when I raised the topic of Macklin's Media Release re proposed changes to the Act in July 2012 ie 'indefinite portability'..i was told it was a proposal only and had not been before the parliamment as yet, and the indefinite portability would apply to persons with a 'serious disabilty and no prospect of work in the future'. (So those of us with a permanent disability are not considered). So I will be returning in March 2012 and will have to provide 'proof' I am intending to leave here and provide 'proof' I am staying in Australia. As you will read, we are still allowed to travel out of Australia up to13 weeks but will be monitored and probably reviewed if we do. Regards. ROD. -----------------------------------------------------------------------------------------------------------------
INTERVIEW – Phone November 24th. Not word for word as the interview lasted 19+ minutes. As arranged I received my call from Centrelink International Services and a short interview was conducted based solely on two points, my ‘residency’ and ‘intention’ to return. They stated I did not fulfill the residency rules in that since 2006 I have spent more time out of Australia than in it and therefore are deemed to be not a resident of Australia. (When I referred to their definition of ‘residency’ they stated that the definition could only be applied IF I had spent an equal amount of time in Australia and where I am at present). They then asked me about my ‘intention’ to return to Australia. I said because I no longer was deemed a resident I intended returning in March 2012 before my next 13 week period expires. They said ok but I would have to provide proof of my permanency back in Australia ie rental agreement, statement from family member etc. I would also have to provide proof I had left the country I am in by showing a termination of lease or similar and the closing of the bank account I have. I asked if I could travel overseas once back in Australia and was told yes I could travel up to 13 weeks away from Australia….’Excuse me’ I said..am I not already doing that? They said that is the rule, however, if you do stay out of Australia for a greater part of the year than back in you will be cut?... I said so if I travel out for a month at a time, a few times a year that will be ok as long as I do not exceed 26 weeks in any one year?..They said that’s ok but if you start to make a pattern of it they will look at you. I said, so at age 65 I can when I am eligible for OA pension I can leave again permanently..they said sure, but it would be advisable for you to stay until then..it’s only a couple of years’. I said I hope all the other guys are happy with their interviews ..they said, ‘No they’re not’. Interview terminated.
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Post by zorro1 on Nov 24, 2011 16:13:13 GMT 7
Rod thanks for sharing.
A few things stand out. Firstly C/L make up the rules as they go along without clear guidlines. If there is a 6 month law in place then it should be stated clearly or have I missed something? I dont see where its written.
Also it appears as a previous poster (jesus) mentioned that leasing a property in OZ seems to be the preferred method of strengthening residency (as mentioned in your interview)
I cant see a reason for you not start the 13 week hop again once you have re affirmed your residency in Oz and Centrelink okays it, until the next time they question you and you reaffirm your residency, rinse n repeat again.
Whats the difference between serious and permanent disability?
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Post by Banjo on Nov 24, 2011 16:14:53 GMT 7
Thanks Rod, I'm not sure how to take that.... The difference between serious and permanent disability will need a little thought as well. I suggest anyone who has been out of the workforce for a while find out what Centrelink assess their disability as. For that you may need to apply for your file under the FOI Act. A picture is beginning to form though, and it seems like the honest will be the ones to be penalised.
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