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Post by tablet on Jul 6, 2013 13:00:28 GMT 7
Sorry for bringing this up again. There are a lot of opinions about this on the board. I think we all agree the problem is there is no concrete legislation to refer to, only guidelines that centrelink can apply their interpretation. This link from welfare rights that FedUp posted on another thread confuses me more. www.wrcqld.org.au/docs/former-resident-factsheet-final.pdfBelow is a quote from the fact sheet. I thought you could be paid Age Pension outside of Australia for as long as you like but Centrelink say that I won’t be able to be paid outside Australia at all if I leave again within two years. If Centrelink make a decision that you have ceased to “reside” in Australia, then once you have recommenced “residing” in Australia you will not be able to take your pension outside of Australia within the following 24 months from the date you are again granted a payment – this applies to Age Pension, Disability Support Pension, Wife Pension, Widow B Pension and Bereavement Allowance. The legislation allows no discretion to grant portability of pensions during the first 24 months after having resumed “residing in Australia”. It is possible to have your payment suspended for short periods while you are outside Australia so that you do not have to reclaim on your return to Australia - your payments can simply resume once you return. There was a member that was asked on the phone if they were leaving permanently. Do you think they could be setting us up for problems later on when we return to Australia, so that we can not leave again easily. 1960 |
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Post by zorro1 on Jul 6, 2013 13:10:49 GMT 7
There was a member that was asked on the phone if they were leaving permanently. Do you think they could be setting us up for problems later on when we return to Australia, so that we can not leave again easily." This needs clarification and soon for the benefit of all who have UP. Sounds like a job for super cheeet!!  |
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Post by Banjo on Jul 6, 2013 14:31:47 GMT 7
I was asked this question regarding the Age pension this week.
Regardless of the short term consequences I'll probably say yes, if the rules/legislation regarding portability change again unfavorably... and who knows what the Mad Monk thinks about blokes living in Asia... then those who claim to be just regular tourists may have a problem.
The two year rule is for those Centrelink considers to be returning non-residents, people working or living overseas coming back and applying for the Age pension get this.
It definitely needs to be tested in the appeals system.
If you are a "regular traveler" but still on the DSP there should not be a problem.
The grandfathered OAP recipients is another kettle of fish, the current school of thought, including some Centrelink officers, is that they are returning non-residents if they re-enter the country.
Once again, it needs testing.
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Post by zorro1 on Jul 6, 2013 18:28:46 GMT 7
I was asked this question regarding the Age pension this week. Regardless of the short term consequences I'll probably say yes, if the rules/legislation regarding portability change again unfavorably... and who knows what the Mad Monk thinks about blokes living in Asia... then those who claim to be just regular tourists may have a problem. The two year rule is for those Centrelink considers to be returning non-residents, people working or living overseas coming back and applying for the Age pension get this. It definitely needs to be tested in the appeals system. If you are a "regular traveler" but still on the DSP there should not be a problem. The grandfathered OAP recipients is another kettle of fish, the current school of thought, including some Centrelink officers, is that they are returning non-residents if they re-enter the country. Once again, it needs testing. Good point banjo. it could be beneficial to cut ties all together |
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Post by fedup on Aug 26, 2013 7:44:14 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 |
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Post by baranghope on Aug 27, 2013 8:15:27 GMT 7
Yes Fedup, Oz cannot circumvent international practice, which in every normal country, is based on 6 months tax residency. But if you are right about the just go and still get 26 weeks DSP (which I doubt) well it is a good loophole. But they would only grant you the loophole knowing you are in an SS Agreement Country right. Meaning they can get onto that country quicksmart anyway, to cut a payment deal. What the other 26 weeks thing means is that if you leave your Agreement Country (after Oz has carved you up with them) you can only leave there for under 26 weeks, because you would no longer be a resident of that Agreement country, and CL demand a certificat of residency offshore. But your post is interesting . . .
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Post by fedup on Sept 5, 2013 12:01:59 GMT 7
Residence in Australia
Where a person would be entitled to receive a benefit under the social security law of New Zealand (including a person who would be entitled under Article 8) except that he or she is not ordinarily resident or resident and present in New Zealand on the date of application for that benefit, that person shall be deemed, for the purposes of that application, to be ordinarily resident and resident and present in New Zealand on that date, if he or she:
is present either in Australia or New Zealand;
is an Australian resident, including a person who has the intention of remaining an Australian resident for at least one year or has been residing in Australia for at least 26 weeks;
has been a New Zealand resident at any time in his or her life for a continuous period of at least 1 year since attaining the age of 20 years; and
in the case of New Zealand superannuation or a veteran's pension, is over the age of 65.
Subject to this Agreement, where a person is entitled to receive a benefit under the social security law of New Zealand (including a person who is entitled under paragraph 1, or Article 7, or both) but payment of that benefit is conditional on presence in New Zealand, that person shall be deemed, for the purpose of the payment of that benefit, to be present in New Zealand, if he or she is an Australian resident, and present either in Australia or New Zealand.
For the purposes of this Part, if a person who is an Australian resident is temporarily absent from Australia for a continuous period that does not exceed 26 weeks, the period of temporary absence from Australia shall not be considered as interrupting that person's residence in Australia.
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Post by fedup on Sept 5, 2013 12:45:40 GMT 7
Residence in Australia
Where a person would be entitled to receive a benefit under the social security law of New Zealand (including a person who would be entitled under Article 8) except that he or she is not ordinarily resident or resident and present in New Zealand on the date of application for that benefit, that person shall be deemed, for the purposes of that application, to be ordinarily resident and resident and present in New Zealand on that date, if he or she:
is present either in Australia or New Zealand;
is an Australian resident, including a person who has the intention of remaining an Australian resident for at least one year or has been residing in Australia for at least 26 weeks;
has been a New Zealand resident at any time in his or her life for a continuous period of at least 1 year since attaining the age of 20 years; and
in the case of New Zealand superannuation or a veteran's pension, is over the age of 65.
Subject to this Agreement, where a person is entitled to receive a benefit under the social security law of New Zealand (including a person who is entitled under paragraph 1, or Article 7, or both) but payment of that benefit is conditional on presence in New Zealand, that person shall be deemed, for the purpose of the payment of that benefit, to be present in New Zealand, if he or she is an Australian resident, and present either in Australia or New Zealand.
For the purposes of this Part, if a person who is an Australian resident is temporarily absent from Australia for a continuous period that does not exceed 26 weeks, the period of temporary absence from Australia shall not be considered as interrupting that person's residence in Australia.
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Post by fedup on Sept 5, 2013 12:46:02 GMT 7
Article 5
Residence Definitions
"Australian resident" has the meaning given to that term in the social security law of Australia but for the purposes of the Agreement also includes a New Zealand citizen who is not the holder of an Australian permanent visa but is lawfully residing in Australia. In deciding whether a person is residing in Australia, regard must be had to the following factors:
the nature of the accommodation used by the person in Australia;
the nature and extent of the family relationships the person has in Australia;
the nature and extent of the person's employment, business or financial ties with Australia;
the nature and extent of the person's assets located in Australia;
the frequency and duration of the person's travel outside Australia; and
any other matter relevant to determining whether the person intends to remain permanently in Australia;
and "residence in Australia" has a corresponding meaning.
"New Zealand resident" means, in relation to New Zealand, a person who has or had New Zealand as their principal place of residence except where that person was unlawfully resident or present in New Zealand or lawfully resident or present in New Zealand only by virtue of:
a visitor's permit;
a temporary work permit; or
a permit to be in New Zealand for the purposes of study at a New Zealand school or university or other tertiary educational establishment;
and "residence in New Zealand" has a corresponding meaning.
"permanent resident" in relation to Australia means a person who is a citizen of Australia or who holds a permanent visa under the Migration Act 1958 of Australia.
"third country residence" means a period of residence when a person was not either an Australian resident or a New Zealand resident.
"working age residence" in relation to a person means a period of residence between the ages of 20 and 64 years inclusive (being a maximum of 45 years) but does not include any period deemed pursuant to Article 8 or Article 12 to be a period in which that person was an Australian resident or a New Zealand resident.
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Post by wild1 on Feb 21, 2014 10:25:17 GMT 7
hi.
Fedup how goes your quest for UP as I am in a very similar situation, any advice you could give me would be appreciated.
Thank you
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