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Post by allanman on Feb 8, 2013 11:37:34 GMT 7
Hi to All. I am 67 years old and have been living in Vietnam and Thailand for the past 20 years. I returned to Australia in July 2011 and applied for the OAP After being told I was no longer an Australian citizen ,which I appealed against and after 3 months was granted my pension.But had to remain in Aus for the next 2 years or else my questions are as follows. My 2 years expires in July this year and I want to return to Thailand to live,as I have ties there. How long can I stay overseas.13 weeks or 26. Can I remain in Thailand without returning to Aus and still receive my AOP. Also if I have to return,how long do I need to stay in Aus. I am an Australian citizen and lived in Aus for 45 years before I went overseas,when I returned I purchased a car and applied for state housing to build up my story. I am not sure how I should proceed with C/L and would appreciate any advice. thanks in advance barry
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Post by Banjo on Feb 8, 2013 11:55:59 GMT 7
Welcome to the board Al, I think you would have been told you weren't an Australian resident for pension purposes, citizenship is a bit harder to lose than that. Nice work on the appeal, did you appeal the 2 year wait at all?
If you are on the Old Age Pension and are an Australian citizen, you have unlimited portability.
After 26 weeks you lose the pension supplement, about $60 a fortnight but can stay overseas as long as you like.
If you plan to leave in July give Centrelink International a ring and make sure all is OK, they can't stop you going but it doesn't hurt to check.
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Post by latindancer on Feb 8, 2013 17:33:13 GMT 7
I wonder if it is possible for some people to apply early for health reasons, on account of Winter setting in ?
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Post by Banjo on Feb 8, 2013 17:55:45 GMT 7
I tried it last month... without success.
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Post by howdo on Feb 9, 2013 8:25:43 GMT 7
We really do need someone to challenge this 2yr bollox. You are basically being put in detention in stalag Australia.
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Post by Banjo on Feb 9, 2013 8:52:03 GMT 7
I'll confess I'm being very careful not to put myself into a position where I would have to do it Howdo. I come up for the OAP this year and will make sure I'm in Australia and on the DSP before I apply. My logic being that if I'm on the DSP then Centrelink must consider me a resident.
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Post by allanman on Feb 9, 2013 12:20:44 GMT 7
Hi Banjo. Thanks for the info. I will be calling C/L prior to my leaving and will keep you updated. I did not appeal the 2 year waiting period as I was told about that when I called from Thailand before I returned. Just 1 other question ,is it best to tell c/L I intend to live in Thailand or that I am just on holidays in Asia. Regards Barry
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Post by Banjo on Feb 9, 2013 12:46:21 GMT 7
Personally I'd give them a return date, I can't see that it should matter if you have indefinite portability but I'll probably give them about 6 months. There's no rules tying to you to that date if your on the OAP.
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Post by peter on Feb 9, 2013 21:26:53 GMT 7
Hello Barry.
You mention that you lived in Australia for 45 years and for 20 years overseas so that will give you approximately 29 years Australian Working Life Residence.............(45 minus 16).
For a full pension to be paid overseas the present requirement is 25 years AWLR. As from 1st Jan 2014, that increases to 35 years.
So if you leave before the 1st Jan you will have a full pension and if you leave after you will have the fraction of 29 on top of 35 payable to you.
So you better permanently depart this year if you want to avoid the reduction. And I would tell them in advance, that I was leaving permanently, just to remove any doubt that you are a 2013 departure and grandfathered to the 25 year rule.
You do not have to say where you are going as that is not a requirement. Just trot out the true story that you cannot afford to live in Australia as an old age pensioner.
If you return to Australia in the years to come and stay for longer than 26 weeks, then the 35 year AWLR will apply should you wish to depart permanently again.
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Post by peter on Feb 9, 2013 21:42:32 GMT 7
Barry, to add, the OAP is fully portable, there is no requirement to return to Australia to maintain it.
Those who do not have 35 years AWLR can still receive a full OAP provided that they remain Australian residents. Should they stay overseas for more than 26 weeks, then the OAP will still continue, but at the proportion that accords with their AWLR, then upon their return it would go back to 100%.
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Post by howdo on Feb 10, 2013 9:13:13 GMT 7
I'll confess I'm being very careful not to put myself into a position where I would have to do it Howdo. I come up for the OAP this year and will make sure I'm in Australia and on the DSP before I apply. My logic being that if I'm on the DSP then Centrelink must consider me a resident. I'm amazed it hasn't been challenged yet, I am not due my pension for 7yrs . I will certainly challenge it if it is still around then, though I would be very surprised if it is still around. My guess is that people are challenging it and they are backing down and keeping it very quiet.
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Post by Banjo on Feb 10, 2013 10:01:57 GMT 7
We do have member who claimed it happened to him, after they won in the SSAT he says they declined to fight it in the AAT.
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Post by taurean on Mar 24, 2013 5:47:10 GMT 7
I am in the process of relocating OS and am an OAP. I spoke to C/L International prior to coming over to Bali this time enquiring as to whether I would have a problem. I was told that I fit the criteria and am able to live here in Bali for as long as I wish. My pension will be deposited into my bank account here every 28 days. I need to have an official interview with C/L International when I return to Aust in June as a formality. And yes I was told that I will lose some of my supplement.
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Post by Banjo on Mar 24, 2013 13:44:07 GMT 7
Thanks for that Taurean, and welcome to the board.
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Post by Deleted on Apr 7, 2013 9:15:27 GMT 7
Welcome to the board Taurean, and good luck with your upcoming travels and future:)) Cheetal...
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