Post by Banjo on Jun 17, 2013 18:56:00 GMT 7
I took this from a public forum, it's about 5 years old now but still relevant.
I returned to Australia after 6 years overseas a few months after I turned 65 and having been an Australian resident for nearly 60 of my 65 years I was entitled to a pension. I was accompanied back by my wife who now has a permanent visa for Aust. and being younger is classed as being a contributor to income, she has a very modest bank account o/seas and no property of other income(actually she is a full time PhD student). I have no overseas income or interests so was granted a partial pension as I own a local investment property as well as a home in which we live, an old car and a few hundred dollars worth of furniture etc. and a modest bank account - so nothing unusual and I considered the pension granted was within the guide lines etc etc. However, as I had been overseas for 6 years I was assessed as having to stay in Australia for the next 2 years otherwise I would lose my pension.
At the time I protested this decision but was advised in writing from the local CL office that this was the rule and that was that. I therefore started looking into the rules and the Act and found that I thought was their error. To cut the story short, I had two exchanges of letters plus phone calls with CL to still be told that – NO – cannot leave the country without it affecting your pension (not cancel but suspend payments – plus all the involved paper work). A short time later, I needed to go to the CL office to report some financial changes so I took the opportunity to raise the issue with the CL officer at the time- she had a good listen to what I had to say, looked at the earlier letters from myself and CL and asked if I wanted to request an official review by a senior officer to which I agreed.
My request for review was, I considered myself to be a resident of Australia on an extended o/seas holiday; I had property in Aust., paid local taxes, maintained medical insurance, returned to Aust. on a regular basis, didn't have permanent residency in any other country, didn't own any property and didn't have any income from o/seas.
This was put straight into the system via the CL computer and was advised I would have an answer within 30 days – plus the CL officer also told me that she would be very interested in the outcome. About 3.5 weeks after this went into the system, I received a phone call for a CL officer saying she was the senior officer reviewing my request; she had a couple of questions for me. A few days later she called back to tell me my request for a review was successful and I was to be classified as a full time resident and the 2 year period didn't apply.
So if you are in a similar situation – do not accept the local CL office decision, fight it – ask for an official review by a senior officer but have your fact right with the necessary documentation.
With thanks to "Artisi" who posted this on ThaiVisa.com.
I returned to Australia after 6 years overseas a few months after I turned 65 and having been an Australian resident for nearly 60 of my 65 years I was entitled to a pension. I was accompanied back by my wife who now has a permanent visa for Aust. and being younger is classed as being a contributor to income, she has a very modest bank account o/seas and no property of other income(actually she is a full time PhD student). I have no overseas income or interests so was granted a partial pension as I own a local investment property as well as a home in which we live, an old car and a few hundred dollars worth of furniture etc. and a modest bank account - so nothing unusual and I considered the pension granted was within the guide lines etc etc. However, as I had been overseas for 6 years I was assessed as having to stay in Australia for the next 2 years otherwise I would lose my pension.
At the time I protested this decision but was advised in writing from the local CL office that this was the rule and that was that. I therefore started looking into the rules and the Act and found that I thought was their error. To cut the story short, I had two exchanges of letters plus phone calls with CL to still be told that – NO – cannot leave the country without it affecting your pension (not cancel but suspend payments – plus all the involved paper work). A short time later, I needed to go to the CL office to report some financial changes so I took the opportunity to raise the issue with the CL officer at the time- she had a good listen to what I had to say, looked at the earlier letters from myself and CL and asked if I wanted to request an official review by a senior officer to which I agreed.
My request for review was, I considered myself to be a resident of Australia on an extended o/seas holiday; I had property in Aust., paid local taxes, maintained medical insurance, returned to Aust. on a regular basis, didn't have permanent residency in any other country, didn't own any property and didn't have any income from o/seas.
This was put straight into the system via the CL computer and was advised I would have an answer within 30 days – plus the CL officer also told me that she would be very interested in the outcome. About 3.5 weeks after this went into the system, I received a phone call for a CL officer saying she was the senior officer reviewing my request; she had a couple of questions for me. A few days later she called back to tell me my request for a review was successful and I was to be classified as a full time resident and the 2 year period didn't apply.
So if you are in a similar situation – do not accept the local CL office decision, fight it – ask for an official review by a senior officer but have your fact right with the necessary documentation.
With thanks to "Artisi" who posted this on ThaiVisa.com.