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Post by Banjo on Jan 30, 2011 8:19:08 GMT 7
This is a Wefare Rights fact sheet and covers residence and portability. • How long must I have lived in Australia?To qualify for Age Pension you must have been an Australian resident for a total of 10 years, at least five of these in one continuous period. You must also be an Australian resident and in Australia on the day your claim is lodged, unless you are claiming under an International Social Security Agreement. If you have spent a significant amount of time in another country, or have significant ties to another country before you claim, Centrelink may make the decision that you no longer regard Australia as your permanent home and are therefore not an Australian resident. In deciding whether you regard Australia as your permanent home, Centrelink will look at your intentions, and your established links with Australia, for example property, bank accounts and family ties. • What if I want to live overseas?Once Age Pension is granted, it can be paid overseas indefinitely for any absence (including living overseas permanently), subject to proportional portability and the restriction for former residents. Proportional portability means that if you have spent less than 25 years in Australia between age 16 and Age Pension age, you can only receive a proportion of your normal amount of payment overseas. If you are a former resident and have been living overseas, return to Australia and then claim Age Pension, the restriction for former residents means that you need to remain in Australia for two years before you can leave and be paid overseas. • Should I stay on Disability Support Pension or Carer Payment once I reach age pension age?The rate of payment, income and asset tests and concession card provided for Age Pension are the same as for Disability Support Pension or Carer Payment. Age Pension is generally the better payment for a person of age pension age because: 1 there are no reviews about medical eligibility (for Disability Support Pension) or about the amount of care provided (Carer Payment); 2 unlike with Carer Payment, there is no care receiver income and asset test for the person receiving care where the carer is receiving Age Pension; 3 if you are a carer you may also be entitled to Carer Allowance whether you are on Age Pension or Carer Payment; 4 there is no limit on the number of hours a week you can work, volunteer or study on Age Pension; 5 if you are intending to go overseas for more than 13 weeks, the rules for being paid Age Pension outside Australia are more generous. However you may be better off on either Disability Support Pension or Carer Payment if: 1 you are studying, as you may be able to get Pensioner Education Supplement or Education Entry Payment; 2 you currently get the higher rate of Mobility Allowance, as this cannot be paid to Age Pensioners; 3 you are single and sharing privately rented accommodation, you may be eligible for a higher maximum rate of Rent Assistance than if you receive Age Pension and share accommodation; 4 you have a partner who currently receives Wife Pension, she will lose access to Pensioner Education Supplement if you transfer to Age Pension; 5 you are caring for someone other than your partner, who is not receiving Social Security payments and that person dies, as you may be entitled to a bereavement payment; 6 you receive Carer Payment as, in addition to the Pension Supplement, you will also receive a Carer Supplement. If you’re not sure whether to transfer to Age Pension from your current payment, speak to a Centrelink officer about it. Once you transfer, you generally can’t change back. www.welfarerights.org.au/default.aspx
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Post by oldsailor35 on Feb 9, 2011 18:07:14 GMT 7
If you want your pension permenantly paid to you overseas, you need to get registered as an overseas recipient with the Adelaide office of Australian Pensions, otherwise they will only pay for a few months. I was told that today at centrelink.
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Post by Banjo on Feb 9, 2011 18:18:59 GMT 7
Do you need to do that in person or can it be done over the phone?
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pino
Full Member
Posts: 15
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Post by pino on Aug 25, 2011 8:52:13 GMT 7
It seems to me that Center link , and policy makers have difficulty understanding the terms “Citizenship” and “Residency” Citizenship is a privilege given by any government to a citizen allowing him to live in a country . Residency is a privilege that any citizen should have in deciding where one wants to live. Conveniently the Australian government (Center link) is using the loophole of “residency) to refuse to pay Old Age Pension if one does not live in Australia two years prior of claiming OAP. I lived in Australia for 40 years, (continually) worked, pay my dues, and lived as perfect citizen, but regrettably two years before reaching age 65 I lived in Thailand, and by pure magic I lost the right to claim OAP. One does not have to be a mathematician, but 40 years is far greater than 2, are they STUPID ?? I don't think so, in fact I think they are very smart (or at least they think they are. Now if a Citizen lived in Australia lets say for 5 years, left the country for 30 years, but decided to return to Oz for two years ,(prior to lodge a claim) he/she is entitled to receive the OAP …..OOPPS !!!!! I should have warned you……...my mathematical skills are not the best. As we say back home …..(STOP THE BULL SHIT) Old Age pension is just that “OLD AGE PENSION) , no bull shit, no loop holes, no ifs & buts, no trickery, and above all AUSTRALIA (I mean Politicians) don't insult our intelligence……….WE MADE THE COUNTRY THAT AUSTRALIA IS. To Senators, MPs, Public servants, I say …..rectify the problem and if you are not able to, move on, get a real job , or go on the dole, I am sure you will be looked after by the upcoming pensioners, because that exactly what we pensioners have done, for so long we have kept the country going. A very disgruntled Australian Joseph Ellul
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Post by Banjo on Aug 25, 2011 9:17:29 GMT 7
I doubt that their 2 year rule would stand up under appeal, particularly by someone who had worked in Australia for decades. I can relate to C'link wanting to keep people in the country that they consider employable but the harassment of people like us goes on and on. Personally I think pensions should be a separate department while people on work related payments are handled by C'link. How the hell can people who are paid to get people OFF benefits deal with those who are unemployable? Too crazy for words.
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Post by Banker on Aug 25, 2011 9:48:12 GMT 7
It seems to me that Center link , and policy makers have difficulty understanding the terms “Citizenship” and “Residency” Citizenship is a privilege given by any government to a citizen allowing him to live in a country . Residency is a privilege that any citizen should have in deciding where one wants to live. Conveniently the Australian government (Center link) is using the loophole of “residency) to refuse to pay Old Age Pension if one does not live in Australia two years prior of claiming OAP. I lived in Australia for 40 years, (continually) worked, pay my dues, and lived as perfect citizen, but regrettably two years before reaching age 65 I lived in Thailand, and by pure magic I lost the right to claim OAP. One does not have to be a mathematician, but 40 years is far greater than 2, are they STUPID ?? I don't think so, in fact I think they are very smart (or at least they think they are. Now if a Citizen lived in Australia lets say for 5 years, left the country for 30 years, but decided to return to Oz for two years ,(prior to lodge a claim) he/she is entitled to receive the OAP …..OOPPS !!!!! I should have warned you……...my mathematical skills are not the best. As we say back home …..(STOP THE BULL SHIT) Old Age pension is just that “OLD AGE PENSION) , no bull shit, no loop holes, no ifs & buts, no trickery, and above all AUSTRALIA (I mean Politicians) don't insult our intelligence……….WE MADE THE COUNTRY THAT AUSTRALIA IS. To Senators, MPs, Public servants, I say …..rectify the problem and if you are not able to, move on, get a real job , or go on the dole, I am sure you will be looked after by the upcoming pensioners, because that exactly what we pensioners have done, for so long we have kept the country going. A very disgruntled Australian Joseph Ellul Pino, I agree with you 100% on this issue. How can a Government have one rule on residency for Taxation yet another rule for Pensioners... this is way beyond my thought process??? When my trouble started with C/L they just kept saying "Your not a resident" after checking different Govt Departments I found a lot of things require one to be a resident like Medicare etc. I think if we challenge this rule by C/L we will win. Just keep appealing as one of our members did a few months ago & he won. His story is on our web site under Personal Stories. "One DSP Recipient’s Battle To Keep Australian Residency." Read here: www.australianpensioner.org/personalstories.html Pino, thanks for joining us in our battle with C/L and the Australian Government for Equal Rights for all Australian Pensioners.
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pino
Full Member
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Post by pino on Sept 7, 2011 8:59:17 GMT 7
Thanks Banker for your support, I am fighting it....but I am running out of bullets, C/L staff and all the other Cronies, seem to be wearing bullet proof vests. Cheers
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Post by Banker on Sept 7, 2011 9:11:32 GMT 7
Thanks Banker for your support, I am fighting it....but I am running out of bullets, C/L staff and all the other Cronies, seem to be wearing bullet proof vests. Cheers Have you contacted Welfare Rights yet & it will do no good just to email them,
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Post by Banjo on Sept 7, 2011 10:26:02 GMT 7
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Post by spaceyone on Sept 7, 2011 11:36:14 GMT 7
Hi Pino. Have you been appealing each decision to turn you down? They say we have the right to appeal, or argue, and those are often corrupted wastes of time. However, if you keep going up through the appeal levels, you would eventually be able to take the matter to the AAT. Centrelink might just cave in and grant your DSP, rather than have the matter tackled in that arena.
Relying on politicians to fix things no longer works. Their staff merely ring Centrelink, listen to whatever excuses they give, and the politician simply advises you of what they said. So, even if they know they are wrong in what they are doing, their advise to the politican will not reflect that.
In the meantime, yes, contact Welfare Rights and see what they can do for you.
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Post by Banker on Sept 7, 2011 12:36:36 GMT 7
Pino, Do you have any assets in Australia? Own or buying a house? Investments? Do you pay Tax in Australia? Yes these are personal questions to put on a public forum, so I dont expect you to answer them on here. If you are paying tax YOU ARE a Resident. We had a BM here last year on DSP doing the 13 week return. C/L cancelled his pension saying he wasnt a resident I advised him to appeal & also contact W.R. he did both of these then returned overseas & C.L continued to pay his pension. A couple months later he got very sick & had to be air lifted to a hospital in Thailand. His 13 weeks had expired and C/L cancelled his pension again, now he could have got it re-instated but chose not to saying to me its not worth the hassle. He has got investments in Australia, pays tax on those investments every year and did not need the income from C/L to survive. I personally think he will be sorry he has made that choice in later years. This was a C/L bluff, if he is considered to be a resident by the ATO then the same should apply to C/L after all its the same Australian Government just a different department. This is not just some info put on a forum or in an email to me but these are facts as the person in question is a friend of mine. Another case that I have just been contacted about is from an OAP, he has his pension owns his own home in Australia, he stayed overseas for 12 months. When he returned C/L told him that if he didnt rent his house out next time he went overseas they would consider it an investment not his family home. My question is; Since when did C/L have the right to decide what you did with your family home? He did rent it out. Now they C/L put the rent that he collects down as his earnings. To me this is another case of Centrelink BLUFF. I am sure if he had appealed he would have won. pino please take a look at these videos www.youtube.com/user/Yadnarie12#g/uThis guy talks about just some of the tricks that C/L get up to and also gives some good answers. Do not take this laying down fight for your rights. Like I always say "I only fail when I stop trying"
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pino
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Post by pino on Sept 8, 2011 13:46:31 GMT 7
I Don't have any assets in Australia, but I paid my taxes up to date 2011. I have an extended family (4 sons and doughters, and 8 grand children) I will go back sooner or later, if nothing else I will be buried there when I kick the bucket, or will they deny me that right as well (not being a resident). I would like to know from any body if one has ever heard that a past C/L employee has ever been refused OAP in the past or present, for any reason , now that would make the Guiness book of record, woulnd' it .
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Post by Banjo on Sept 8, 2011 14:32:02 GMT 7
Not really, there's no loyalty in government departments, you would probably recall the carnage when they are told to "downsize".
Basically it's the same old story that we started this forum for in the first place. YOU have to prove you're an Aussie resident.
Start getting together a file; stuff like letters from them saying how close you are to your kids and their kids.. Any brothers and sisters? Same same... A doctor if you have a regular one, anyone at all who considers that you live in Australia. Bank accounts, anything like that. Read my personal story in the AustralianPensioner.org website and you will see how a successful residency appeal works.
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Post by rodcourt49 on Sept 15, 2011 17:29:20 GMT 7
I doubt that their 2 year rule would stand up under appeal, particularly by someone who had worked in Australia for decades. I can relate to C'link wanting to keep people in the country that they consider employable but the harassment of people like us goes on and on. Personally I think pensions should be a separate department while people on work related payments are handled by C'link. How the hell can people who are paid to get people OFF benefits deal with those who are unemployable? Too crazy for words. Hi all...being on a DSP we are only able to be overseas for a 'temporary' period, as I indicate on my Immig Departure Card..I am a full-time resident of Australia departing overseas for a temporary period ie 91 days and then returning. On my arrival card I indicate I am a permanent resident of Australia returning for an indefinite period (one year)..and then i decide to leave again after one dissillusioning day in Australia..so what..I've complied! To support this 'residency' claim and the fact I am an Australian resident who leaves 'temporarily' I cite the fact I am not a 'citizen' of the country I spend most of my time in as I am unable to qualify for that and subsequently have a Non Immigrant Visa..yes I am not and immigrant in this foreign country. So both countries should be happy with my status! By 'stepping' back onto Australian soil each 91 days I consider I qualify and will keep doing it. PS. Whatever happended to the idea I put forward about us DSPers attending the Australian Embassy or Consulate in our foreign countries of choice each 91 days..as these grounds are deemed to be Australian soil, are they not? I asked the Federal Member this question some years ago and was told "it is, but it isn't for the purpose of a Government Department"..my reply was "I don't come to your office but call you by phone, so why not include a foreign embassy? I wonder if this Welfare Rights Group would give us their legal definition of this? Can anyone assist with this? My two bobs worth anyway. ROD.
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Deleted
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Post by Deleted on Sept 15, 2011 17:44:55 GMT 7
Rod You have some good points.
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