Deleted
Deleted Member
Posts: 0
|
Post by Deleted on Mar 19, 2013 5:26:10 GMT 7
thanks baranghope,i thought there was an agreement,now i have some big decisions to make,problem is one thing leads to another there are all ways brick walls comming up,
|
|
|
Post by tirolr on Apr 8, 2013 16:07:11 GMT 7
I am almost 64 years old widower, recently put on DSP, after 5 applications and appeals over the past 3 years. Suffering severe disc degeneration, lower back (need walking stick),(ulnar nerve entrapment both arms), severe nueral deafness, (hearing aids of some help), and unstable Thyroid Gland. Put no further work capacity next 5 years, 0-7 hours incapacity. I have been involved with Australian overseas Volunteer aid for 20 years, short and long term assignments in the Pacific Region, my last assignment for Aus-aid was for 12 months mentoring my various trade skills, returning to Australia last April. No pay all expenses paid plus a very small local living allowance for incindentals. All these assignments are generally of a short term nature and for the Australian Government Aus-aid agencies, AVID & ABV under the Blanket of Aus-aid. I have accepted another 12 month assignment, and when contacting Centrelink, have been told that I would be cut off the DSP as they have put me down as a former resident returned? I have argued with them over the phone that that classification is wrong as Aus-aid assignments are temporary departures only as classified under the Residency Legislation, even read at the legislation to them?? it is now put in the appeal but am told that even if this passes, my duration is maximum 6 weeks??? How is it, that when I have been a volunteer for 20 years, a number of Australian Government, overseas and United Nations Recognitions, I have my freedom taken off me because Centrelink interprets the Legislation in a very unfair way? I have been a model Awarded Australian Citizen, lived in this country since 1956, paid taxes, own my own home, have family and grandchildren in this country, but now basically exiled like home arrest, cannot leave temporarily because of consequences. I feel like splashing my story to the Media, but the mental strain is now pushing my health down even further. Winter is upon me now, because of my condition, have thermal problems, can't afford the heating cost here and my health requires the warm stable climate. I even suffer for the short time selecting food from the refrigerated display cabinets in the supermarket.! Anyway that my long and short story...... any ideas,,,? anyone??
|
|
|
Post by aussieinusa on Jul 21, 2013 10:55:00 GMT 7
How is it, that when I have been a volunteer for 20 years, a number of Australian Government, overseas and United Nations Recognitions, I have my freedom taken off me because Centrelink interprets the Legislation in a very unfair way? I have been a model Awarded Australian Citizen, lived in this country since 1956, paid taxes, own my own home, have family and grandchildren in this country, but now basically exiled like home arrest, cannot leave temporarily because of consequences. I feel like splashing my story to the Media, but the mental strain is now pushing my health down even further. Winter is upon me now, because of my condition, have thermal problems, can't afford the heating cost here and my health requires the warm stable climate. I even suffer for the short time selecting food from the refrigerated display cabinets in the supermarket.! Anyway that my long and short story...... any ideas,,,? anyone?? tirolr, sorry you haven't had an answer to your question before. Yes, this is the state of the 'new' Aussie pension regime: no matter how much you have contributed to this country in taxes, voluntary work, etc. etc. you are only allowed to leave the country for 6 weeks before they cut you off. There are new 'indefinite portability' provisions though, which give some of us hope. If you're rated as 'severely disabled' according to their tables, and they deem that you have no work capacity for at least the next five years, they will let you leave the country permanently and keep your DSP. There's a longish process for applying for it -- basically like applying for DSP all over again -- but there seems to be a reasonable level of success in being granted it among board members, so far. So if you haven't already left the country, ask to be assessed for indefinite portability before you go. Leaving without doing this first means you get nothing after you're gone 6 weeks, and will have to reapply when you get back anyway. So you probably have nothing to lose but your overseas trip!
|
|
Deleted
Deleted Member
Posts: 0
|
Post by Deleted on Jul 21, 2013 14:08:29 GMT 7
Welcome to the forum Tirolr, and also sorry that your requests went un-noticed for so long:( Aussieinusa has hit the nail on the head once again as she normally does, so just hope you find it after so long and it helps:) Good Luck and God Bless...
|
|
|
Post by fedup on Aug 13, 2013 13:31:26 GMT 7
|
|
|
Post by fedup on Aug 13, 2013 13:36:55 GMT 7
External Links House of Representatives Treaty list The Cabinet Office Guide to treaty making in Australia United Nations Treaty datbase Country/territory locator Enter the country or territory for the information paper you want. (We do not have information papers on all countries.)
Glossary Although we have tried to use plain English content on the site, you may come across specialist terms and acronyms. Find out what they mean in our glossary of terms.
If you come across a term that isn't included in the Glossary please send us an email.
Home > Treaties and International Law > Treaty making process > National Interest Analyses > New Zealand/Australia Social Security Treaties and International Law
New Zealand-Australia Social Security Agreement
National Interest Analysis Date of Proposed Binding Treaty Action The proposed new Agreement on Social Security between the Government of New Zealand and the Government of Australia (referred to as “the new Agreement”) will enter into force on 1 July 2002 provided that both parties have before then notified each other by notes exchanged through the diplomatic channel that all matters necessary to give effect to the new Agreement have been completed. Otherwise, it will come into force on the first day of the second month following the date of the last such notification. The intention is that, following consideration of the new Agreement by the House, passage of the necessary amendments to certain domestic legislation, and promulgation of an Order in Council to incorporate and bring into force the new Agreement under domestic law, New Zealand’s letter to notify completion of its domestic processes would be dispatched. It is likely that the notes would be exchanged at roughly the same time so as to enable the entry into force of the Agreement to coincide with or follow closely the date of effect being given under the domestic law of each country to the Agreement.
Reasons for New Zealand to Become a Party to the Treaty 2. New Zealand has had a bilateral social security agreement with Australia since 1948. By 1969, this had become a full “host country” agreement under which New Zealanders enjoyed immediate access to all Australian benefits and Australians enjoyed similar privileges in New Zealand. However, Australia became dissatisfied with the arrangement when in the 1980s migration flows from New Zealand to Australia increased markedly. Adjustments in 1986 and 1994 included the introduction of stand‑down periods (now two years) prior to new arrivals being eligible for benefits in the other country, and an annual reimbursement system between the Governments. New Zealand paid Australia NZ$160 million in 2000/01 to cover old age, veterans, invalid and single parent benefits received by New Zealanders in Australia
3. Australia remained concerned at the social security burden of migrant New Zealanders and the issue became a serious irritant in the trans-Tasman relationship. In August 1999 the two Prime Ministers agreed to a thorough review of bilateral social security arrangements. Australia claimed its social security costs for migrant New Zealanders were close to A$1 billion per year, while New Zealand pointed to the very strong contribution its citizens made to the Australian economy, including tax payments of around A$2.5 billion per year. In October 2000 negotiations commenced with a view to devising more durable and stable arrangements for the future. As a way forward, it was acknowledged that the scope of the cost-sharing agreement should be confined to a few key benefits and that policy on access to the broader range of benefits remained a policy matter for each Government.
4. Present social security arrangements are covered by an Agreement concluded in Wellington on 4 July 1994 and subsequently amended on 7 September 1995 and 2 July 1998 (together referred to as “the existing Agreement”). The new trans-Tasman social security arrangements will comprise the updated bilateral cost-sharing Agreement and a series of new Australian policy measures restricting the access of New Zealanders to other social security benefits not covered by either the existing or new Agreement.
top of page
Advantages and Disadvantages to New Zealand of the Treaty Entering into Force 5. The new Agreement provides for the New Zealand and Australian Governments to share the costs of benefits paid to superannuitants, veterans and people with severe disabilities who have lived parts of their working lives in both countries. It differs from the existing Agreement, which it would replace, in that each Government would pay a portion of the benefit direct to the individual rather than reimbursing the other Government. There would be virtually no change to the total amount individual beneficiaries would receive or to the health and other services to which they would be entitled. The new Agreement is somewhat narrower in its scope than its predecessor, which also covered single parent allowances and was slightly broader in its coverage of the disabled.
6. The advantages of the new Agreement to New Zealand are that it will resolve a long-standing difficulty in our most important bilateral relationship; it will result in fiscal savings relative to obligations under the existing Agreement (NZ$100 million over the first three years); and avoid the alternative of providing the substantial additional reimbursement that Australia would have required in order to preserve New Zealanders’ access to the broader range of social security benefits not covered by the existing Agreement. At the same time, the two Governments are reaffirming their commitment to the traditional freedom of movement across the Tasman that has underpinned the development of Closer Economic Relations and the continuing close ties between Australia and New Zealand. A disadvantage is that, in the absence of additional reimbursement from the New Zealand Government, Australia is introducing restrictions on access to benefits and citizenship for New Zealanders who move across the Tasman from early 2001. The large community of New Zealanders already in Australia will not be affected.
Obligations Age Pensions/Superannuation
7. From July 2002, residents of Australia and New Zealand who are over 65 or have a severe disability and who have previously lived in the other country for at least a year after age 20 will receive their Age Pension/Superannuation in two separate payments, one from each Government, reflecting the proportion of each individual’s working life spent in each country. The country of residence will pay its normal rates reduced by the amount paid by the other country.
8. Australian residents will receive 1/45 of the maximum net rate of New Zealand superannuation that a New Zealand resident would receive, for every year of working age residence (ie between 20 and 65 years of age) in New Zealand, but they will not receive more than they would have if they had been entitled to an Australian age pension only. Where the person is not a permanent resident of Australia, periods of working age residence in a third country will count as New Zealand residence. Australian age pensions paid to New Zealand residents will be calculated on the same basis as New Zealand superannuation paid in Australia but periods of residence in third countries will be treated as periods of Australian residence only if the person has less than 10 years of New Zealand residence over age 20.
Benefits for people with a severe disability
9. To obtain an invalids benefit or a disability support pension under the Agreement, a person must be unable to work for more than 8 hours (more stringent than the usual criteria for invalids benefit which is 15 hours a week), have been in either Australia or New Zealand at the date of severe disablement and have been resident in both countries before the date he or she is assessed as having had a severe disability. Portable invalids benefit will be paid in proportion to the period of working age residence the person with a severe disability spent in New Zealand before suffering the disability in relation to his or her combined Australian and New Zealand working age residence up to that date; disability support pensions and carer payments will be calculated on the same basis.
top of page
Third Country Pensions
10. In calculating the rates of New Zealand benefits paid to New Zealand residents in Australia with permanent residence status, social security pensions from third countries will be disregarded. Australia will disregard third country pensions when calculating the rates of Australian benefits paid to New Zealand residents who have lived in New Zealand for more than 10 years over age 20.
Supplementary Payments
11. Supplementary payments such as accommodation allowances will be paid by the country where the person is living.
Residence Issues
12. During temporary absences Australian benefits will be paid to Australian and New Zealand residents for 26 weeks. New Zealand benefits paid to Australian residents will also be paid for 26 weeks but domestic law relating to temporary absences will apply to New Zealand residents. Trans-Tasman migrants who have not formed an intention to remain in the destination country indefinitely and therefore do not come within the definition of ‘ordinarily resident’ or ‘resident’ in the country will be deemed to be resident there if they intend to remain there for more than 1 year or have been in the country for more than 26 weeks. Where it is difficult to decide in which country a person is resident, the Department of Work and Income and its Australian counterpart, Centrelink, will consult and the person will be deemed resident on the basis of their decision.
Information Exchange
13. The Agreement requires New Zealand to obtain information from New Zealand Customs on dates of immigration and emigration that is requested by Centrelink, and the Australian Department of Immigration and Multicultural Affairs to provide the Department of Work and Income with similar information. The Agreement will require a number of other on-going information matching programmes to be instigated. Administrative Arrangements prescribed by the Agreement will include provisions equivalent to information matching agreements allowed for under the Privacy Act.
Economic, Social, Cultural and Environmental Effects 14. The bilateral Agreement itself is unlikely to have a significant economic or social effect, since the changes to the mechanism for payments are not intended to alter the total amount received by individuals. Neither will the Agreement alter people’s freedom of movement between countries under the Trans-Tasman Travel Arrangement. The slightly more restricted coverage of the new Agreement, which omits single parents and some disabled persons, may have a modest effect on migration patterns of such categories of people. No direct cultural and environmental effects are anticipated.
15. The measures taken by Australia (outside the bilateral Agreement) to restrict future access to benefits and citizenship to those New Zealanders who obtain formal Permanent Resident status in Australia may affect migration patterns and, by extension, the domestic labour market and benefit take-up rates within New Zealand. The extent of these effects is very difficult to predict since other factors such as economic growth rates on either side of the Tasman at any given time have a major influence on such patterns. The fact that since 1 February 2000 new arrivals in Australia have already been facing a two-year waiting period before becoming eligible for benefits suggests that the further restrictions being introduced by Australia may not have a substantial effect on migration choices.
top of page
Costs 16. Officials have negotiated parameters to the new Agreement that will result in the least possible cost to New Zealand relative to cost-sharing agreements with similar coverage. The new negotiated formula results in an estimated cost (adjusted for CPI) in 2002/3 of NZ$130.10 million, decreasing to NZ$102.26 million in 2004/5. This represents savings for the three years 2002/3 to 2004/5 of NZ$100.356 million measured against the status quo reimbursement. The future cost of reimbursing the grandparented payments to people covered by the existing Agreement will be reduced also in accordance with the formula.
17. In assessing the costs of the new Agreement it should also be borne in mind that to maintain access to the full range of social security benefits currently enjoyed by New Zealanders in Australia would have required incorporation of additional benefits within the scope of the bilateral cost-sharing Agreement. A substantially larger burden on New Zealand, perhaps in the region of several hundred million dollars would have resulted, if this course had been adopted. The Government did not consider that New Zealand taxpayers should be expected to take up this extra burden in order to guarantee the full range of social security benefits for their compatriots who in future choose to live, work and pay taxes in Australia.
Future Protocols 18. There is no present intention to negotiate a future Protocol to the new Agreement but such a Protocol could be negotiated should the need arise.
Implementation 19. Certain legislative changes will be required to enable effect to be given to the Agreement, in particular to allow full data exchange. Changes will for example be required to the Customs and Excise Act 1996 and the Social Welfare (Transitional Provisions) Act 2000 to confer on the Department of Work and Income and New Zealand Customs the legislative authority to meet their information exchange obligations under the Agreement.
20. After the new Agreement has been signed, an Order in Council will be needed under section 17 of the Social Welfare (Transitional Provisions) Act 1990 to incorporate and bring it into force under New Zealand domestic law.
Consultation 21. The Ministry of Foreign Affairs and Trade, Ministry of Social Policy, Department of Work and Income, Treasury, Department of the Prime Minister and Cabinet, Department of Labour, New Zealand Immigration Service, Department of Internal Affairs, New Zealand Customs Service, Ministry of Justice, Ministry of Maori Development and the Privacy Commissioner have been involved and/or consulted in the course of the negotiation of the new Agreement. Consultation with the wider community has been precluded by the confidential nature of the negotiations.
Withdrawal or Denunciation 22. Either Party may give written notice through the diplomatic channel of its intention to terminate the new Agreement, and the termination will come into effect 12 months later. Any person in receipt of a benefit under the existing Agreement at the time of its termination, or who has lodged a claim for and would be entitled to receive a benefit under it, will continue to be entitled to receive that benefit under the relevant provisions of the existing Agreement as if it remained in force, for so long as that person remains continuously in receipt of a benefit under that Agreement. top of page
back to National Interest Analysis main page
Page last updated: Monday, 14 March 2011 16:10 NZDTPrint this page
|
|
|
Post by fedup on Aug 26, 2013 7:50:18 GMT 7
Looking at my current situation with these inept clowns,it seems that mutual agreement countries legislation overrules normal ss legislation My understanding is after reading their claptrap,is you can go to a third country,up to 26weeks,and be paid,after 26weeks you won't be paid unless the third country is a mutual agreement country. Thus circumventing ( legally and with their permission) their own idiotic legislation. Also it states that any absence up to 26weeks under the mutual agreement act,DOES NOT AFFECT ONES RESIDENCY. The case in point here is the Agreement with New Zealand Please browse the following and correct me if I am wrong on my interpretation www.comlaw.gov.au/Details/C2013C00024/Html/Volume_1#_Toc345491693
|
|
|
Post by jelly on Nov 15, 2014 13:52:13 GMT 7
I've just recently returned to visit aus on an international agreement as my eldest son is unwell and i called international services to inform them. They said it was ok and that if i wanted to change my status back to permanent resident i could otherwise i would continue getting my basic payments. On checking with online services i found two letters sent one day after my arrival informing me that my pension has been suspended pending inquires as to my future eligibility. I have to call them next Monday but it was a nasty little shock. Does anyone have experience of this kind of thing or know why it might have happened?
|
|
|
Post by Banjo on Nov 15, 2014 16:34:48 GMT 7
Did you tell them you wanted to return to permanent resident status?
It may be nothing, some sort of procedure to change your payments but you're certainly going to have a worrying weekend. You can only wait and see, we have no one here that I can think of with an international agreement who has returned under the same circumstances.
Are you an Australian citizen?
Good luck and keep us informed please.
|
|