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Post by Banker on Jan 29, 2011 18:09:40 GMT 7
Part 1
Just to put some of you in the picture.
I am no longer on the DSP but have now grown old enough to be put onto the OAP.
I have not been affected by the C/L rules on portability as I’m grandfathered back to 2000. I was first put onto the DSP in 1995 by C/L advice after being on sickness benefit for 3 years. In 1995 I thought that C/L had tried every trick in the book to try & catch me out in some way, they just look at every one as being a guilty cheater and you must prove that you are Innocent, they followed me came & checked where I was living several times, they were trying to claim that I was in a relationship with the lady where I was paying lodge & boarding ( She was not impressed) and told them so. One night at about 11:30PM I heard a noise outside and saw a shadow of someone jumping over the fence from next door, I called the police and went outside with a lump of wood and caught this guy standing under a tree, when I confronted him he just said that he was waiting for someone. The police arrived one cop spoke with him he got into the police car and they drove away. The next day I contacted a mate of mine that was in charge of the CIB in our area and asked him what was going on. He later informed me it was a C/L investigator trying to check up on me but I had to keep quiet about it.
These people at C/L will stop at nothing. When I left Australia in 2000 to live outside of Australia I had informed them I was leaving on the Saturday, well my pension was not paid to me on the Wednesday, I went in C/L only to be told that my pension had been stopped and I would have to see a C/L officer in a weeks time. I explained that I had booked to fly out in 3 days, they could not care less. I walk across the Street to a Lawyer who I knew told him what happened, he called the C/L manager and he said they had been a mistake & my pension would be in my A/C within 2 hours which it was. Before I traveled overseas on the Saturday I contacted a person I knew in C/L but at a different location and asked her if she could check what the problem might be. On the Friday she called me back & told me that someone in that office must have a personal grudge against me because that person had canceled my pension but would never give me the persons name.
To Be Continued.
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Post by Banker on Jan 30, 2011 16:38:42 GMT 7
Part 2
After I got the problem sorted out I flew to my new home in S.E.Asia, back then in 2000 DSP had to return to Australia every 12 months. I returned in 01 no problem. Then in 2002 a lot of ex pats were being told they had to return every 6 months C/L had decided to change the rules. When I returned in 2002 I went to C/L for an interview and was told that I no longer had to return to Australia I could stay out of Australia for as long as I wanted & could come and go as I please, because C/L now had me listed as “Severely Disabled” that was that. When my one year was up in2003 I called C/L and the lady said that I was due back in Australia within 7 days, I asked her to check my file to see if I had been listed as being Severely Disabled after about 5 minutes she came back and said yes and I did not have to return to Australia, so at least I now had that confirmed.
Now we fast track to 2008 my first return to Australia since 2002. I check in at C/L and ask them for a concession card & Medicare card but I’m told point blank that I’m no longer an Australian Resident and not entitled to anything. This was the first I had heard of it, you see when in 2002 they said that I was Severely Disabled and did not have to return they also told me that nothing in my pension would change. I hope you can see where I’m going with all of this, this is a clear case of C/L lying to Australian Pensioners.
I tried to find help searching google etc but everything came up for old age pensioners. I also asked to see the Social worker but was told she was far too busy to see me also no way she could help, after repeated demands by me the C/L took my Ph number and said that they would get the Social worker to call me. I was in Australia for one month and never received a call yes another lie by C/L. I traveled from Sydney to the Gold Coast to see my Daughter then I got sick went to the G.C. Hospital and they wanted to charge me $175. to see a G.P at Causality, my reply was jam it. My health continued to get worse so I returned to S.S.Asia went straight to the Medical clinic after x-rays etc only to find out that I had Pneumonia. The cost for the Dr, x-rays and meds cost me $25. and people ask me why I choose to live here.
To Be Continued:
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Post by buggaem on Jan 31, 2011 5:55:45 GMT 7
Hi Banker,
They told you that you were not entitled to a medi-care card?
Medi-care have nothing to do with the swine. You're an Au. citizen, resident or not and entitled to treatment under Medi-care.
This was an issue I cleared up with them at the Hobart office before I left in 2002.
Medi-care and the health care card are 2 issues and 2 departments, unless they've moved the goal posts in my absence.
I'll be going back in a month or so and will be going to renew my card, see how we get on.
Cheers.
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Post by Banker on Jan 31, 2011 18:05:23 GMT 7
Hi Banker, They told you that you were not entitled to a medi-care card? Medi-care have nothing to do with the swine. You're an Au. citizen, resident or not and entitled to treatment under Medi-care. This was an issue I cleared up with them at the Hobart office before I left in 2002. Medi-care and the health care card are 2 issues and 2 departments, unless they've moved the goal posts in my absence. I'll be going back in a month or so and will be going to renew my card, see how we get on. Cheers. It says somewhere on the Medicare site that you must be a resident to obtain Medicare. They (Govt dept) are all using this Resident thing as a cop out. That is why I want something in writing (Black & White) about the Residency laws for Australian Citizens. Perhaps Banjo the great letter writer can send an email to the minister for Immigration, or a registered letter when he returns on parole. Cheers Banker |
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Post by buggaem on Feb 1, 2011 7:15:32 GMT 7
Yep, ya right. I've spent some time looking about trying to find somewhere that non resident pensioners get a "real" mention, zilch. Seems to be a real oversight for this group getting a real mention as such?  ? I'm no lawyer but it also looks to me that these departments are getting thier guidelines from tax law and non residents, as opposed to immigration, imho. What that has to do with non tax paying Au citizen/pensioners, resident or not who have paid tax in the past is beyond my limited comprehension. I'm going to try and get into a few faces when I go back, see what happens. |
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Post by spaceyone on Feb 2, 2011 21:20:52 GMT 7
The fact that someone in Centrelink can just cancel your payments, as you said Banker, just shows that they need stricter monitoring, but not by departments run by their umbrella departments.
Welfare Rights needs more powers to take them on. I was told they have the ability to log into your Centrelink records, but it seems they don't often choose to. That would have fixed my issue immediately.
The Commonwealth Ombudsman's office say they receive over 5,000 complaints about Centrelink per year, but none of us seem to have had any help from them.
Eventually the employees of this HPAU department will become friendly with the Centrelink staff they are housed with, and begin to back their decisions.
The government has apparently given us wider rights under FOI, but given Centrelink employees greater powers to avoid prosecution or being held accountable, under the National Privacy Principles.
Again it seems there are far more corrupt people administering welfare payments, than there are corrupt recipients.
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Post by bundyrum on Mar 17, 2013 6:16:03 GMT 7
A guy here on OAP..had to just give his Medicare card up...to stay on the Pension..y r we letting arsholes like Macklin..telling us were not Aussies..bitch..
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Post by melnee on Mar 17, 2013 15:11:25 GMT 7
One thing that might help till then can change this law is that if you are on DSP or any other c/l benefit you can pay tax if you choose to. It can be any amount you choose (last time I checked) & as we live close to the 1st $5000.00(from memory, $100p/w last time I was working) we get it all back at tax time. So I'm going to contact the ATO this wek & elect to pay tax on my dsp (oh wait lol I'm suspended atm so will have to wait till that's fixed)
Anyway why don't we all elect to still be tax payers ?
Mel
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Post by melnee on Mar 17, 2013 15:18:32 GMT 7
Re Medicare, from what I know as your are still a legal resident & citizen of Australia they cannot refuse you a medicare card. Go directly to Medicare with this NOT c/l.
They have also broken the law under th UN human rights & if you contact them you receive a reply in 7 days & as Australia has agreed to follow it & has added to it they are breaking their own Human Rights laws.
Client rights
What are human rights?
We often hear in the media that a person or a group of people have had their basic human rights violated. While most of us have an idea what this means, we don’t often stop to consider what human rights actually are.
The range of human rights that everyone should receive is outlined in the United Nations Declaration of Human Rights. There are 30 Articles in the Declaration that highlight the basic rights of all people.
The Declaration includes the rights to:
• not be discriminated against
• be treated equally before the law
• be presumed innocent until proven guilty
• have one’s privacy respected
• move to, and live, where one wants to within their country
• visit another country
• marry and have a family
• own property
• work and have free choice of employment
• be paid reasonably for work done
• have an education
• a standard of living adequate for the health and well being of oneself and one’s family (with food, clothing, housing and medical care and necessary social services)
• security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond one’s control
• participate in the cultural life of the community.
In the past some people with a disability have been denied some or all basic human rights. For some people, this is still happening. The reasons why this can occur may include:
• They are judged as incapable of thinking or feeling.
• They have little political power.
• They may not be seen as real people.
• They were put into institutions in the past and the public did not know (or think about) what went on in those institutions.
• They may have no concept of their rights.
• They may have a very limited education.
Human rights in an Australian context
Some concepts that underpin rights in an Australian context include:
• Every person has the same rights.
• Rights and freedom are part of the Australian tradition, customs, value systems and laws.
• Every person has the responsibility of accepting the rights of others.
• It is against the law (both Federal and state) for anyone to deprive you of your rights, and against the law for you to deprive anyone else of his or her rights. You can’t have your rights taken away from you unless you are convicted of breaking the law (and there are still rights attached to this process).
• Rights and responsibilities go hand-in-hand; you must also fulfil your responsibilities.
• Clearly, all Australians are entitled to receive their basic human rights. As part of your practice, it is essential that you work in a way that protects the rights of your clients. There will be times that you will, no doubt, be required to speak out and advocate on behalf of your client/client groups who may be unable to do it for themselves. They may be overwhelmed by the difficulties they face, let alone think about and assert their rights. Or, they could also be affected by issues such as race, gender, health and age that act as a double bind when coupled with a disability. It is also important that you support the clients you work with to understand and assert their rights.
Rights
Client rights
What are human rights?
We often hear in the media that a person or a group of people have had their basic human rights violated. While most of us have an idea what this means, we don’t often stop to consider what human rights actually are.
The range of human rights that everyone should receive is outlined in the United Nations Declaration of Human Rights. There are 30 Articles in the Declaration that highlight the basic rights of all people.
The Declaration includes the rights to:
• not be discriminated against
• be treated equally before the law
• be presumed innocent until proven guilty
• have one’s privacy respected
• move to, and live, where one wants to within their country
• visit another country
• marry and have a family
• own property
• work and have free choice of employment
• be paid reasonably for work done
• have an education
• a standard of living adequate for the health and well being of oneself and one’s family (with food, clothing, housing and medical care and necessary social services)
• security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond one’s control
• participate in the cultural life of the community.
In the past some people with a disability have been denied some or all basic human rights. For some people, this is still happening. The reasons why this can occur may include:
• They are judged as incapable of thinking or feeling.
• They have little political power.
• They may not be seen as real people.
• They were put into institutions in the past and the public did not know (or think about) what went on in those institutions.
• They may have no concept of their rights.
• They may have a very limited education.
Human rights in an Australian context
Some concepts that underpin rights in an Australian context include:
• Every person has the same rights.
• Rights and freedom are part of the Australian tradition, customs, value systems and laws.
• Every person has the responsibility of accepting the rights of others.
• It is against the law (both Federal and state) for anyone to deprive you of your rights, and against the law for you to deprive anyone else of his or her rights. You can’t have your rights taken away from you unless you are convicted of breaking the law (and there are still rights attached to this process).
• Rights and responsibilities go hand-in-hand; you must also fulfil your responsibilities.
• Clearly, all Australians are entitled to receive their basic human rights. As part of your practice, it is essential that you work in a way that protects the rights of your clients. There will be times that you will, no doubt, be required to speak out and advocate on behalf of your client/client groups who may be unable to do it for themselves. They may be overwhelmed by the difficulties they face, let alone think about and assert their rights. Or, they could also be affected by issues such as race, gender, health and age that act as a double bind when coupled with a disability. It is also important that you support the clients you work with to understand and assert their rights.
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Post by melnee on Mar 17, 2013 15:25:23 GMT 7
RE Banker's story OMFG !!!!!!!! Who do these $$%^ think they are ? Drop outs who didn't make it into the police acadamy Why are tax payers paying for some c/l officer to be out at night for something that had already been proven ? What rate of pay would this DH be on ? How much do the Ozzie tax payers pay to have these types of investigations done ? Weigh that up against how many people they actually find doing the wrong thing. & why couldn't c/l prove this in normal working hours |
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Post by melnee on Mar 17, 2013 15:30:42 GMT 7
OOOPPPPSSSS sorry HR stuff got put in twice, operator error  |
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Post by bundyrum on Mar 18, 2013 5:15:10 GMT 7
Human Rights r nothn...C/l violates them..but it doesn't matter...I contacted them and they..said we take on what cases we want and told me to go away..we seem to have a dead end with anything to do with C/L..WE HAVE SOME GUTLESS PEOPLE IN AUSSIE.
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Post by bundyrum on Mar 18, 2013 5:17:38 GMT 7
i WAS GRANDFATHERED TOO..but they didn't accept it..just didn't bother about my dates or anything..
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Post by eight on Mar 18, 2013 8:16:21 GMT 7
To me it apears that anyone in c/l can stop your payment at any time for no reason and is not answerable to their actions. I've been on OAP for less than one year and have already had my payments stopped without notice twice. Once withindays of leaving OZ, and 4 e/m's to c/l Internat. went unanswered. Welfare Rights sorted the problem out, no reason given. The second time was because I had not given them a latest income return for a bussiness run under a trust which were both closed down in 2003 and 2005. 7 years before I went on the OAP ? |
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Post by zorro1 on Mar 18, 2013 11:22:11 GMT 7
Banker, If the C/L guy was spying on you and you chased him with a piece of 4x2 I would say he had all the evidence needed right there  |
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