Im on DSP not affected?

[Banker]

Im not sure if I will be affected by the So-Called new Rules.

Here is my Situation, Even If I am not affected I wish to support you all in any way I can.

My DSP Started in 1995 after being on Sickness Benefits for two years because of Depression and some other medical problems,Severe Arthritis in my feet, Lower Back, Neck, Hands, Right Elbow. Lost one Eye and replaced with artificial.

In 2000 I decided that I could survive and have a better life style by living in SEA so I moved to Philippines returning to Australia each 12 months as that was the rule then.

When I returned to Australia in 2002 I had an interview with Centerlink and they decided that I was Severely Disabled & told me that I did not have to return to Australia but could come & go as I please.

I did not return to Australia until 2008.
I got sick just after I arrived went to centerlink to get a new medicare card only to be told that I don't qualify for one as I reside outside of Australia, well this was all news to me. I tried to find support from some Pension groups but could not even get reply's to my emails. I went to the Out Patients of a public Hospital only to be told it would cost me $175.00. to see the Doctor, my reply was that I would be better off coming into Australia as a Refugee.

I returned back here saw a Doc who ordered an X Ray and found I had Pneumonia and I was all fixed again in a couple weeks.
I have not been back to Australia since.

They tell me Im not affected by the 13 week issue as I come under the Old rules.

I will turn 65 this coming November, Im not sure what will happen then?

I would like to pass on some advice I have learnt over the Years.

If you contact them by Phone from Overseas always get the person at Centerlink to give you their name, make a note of it with time & date of the Phone call.

You will also get different answers from Different people at Centerlink as they are told to screw you around in the hope you will just go away.

When I first left Australia in 2000 My DSP was to be paid on the Wednesday, I was to fly out on the Saturday, well my DSP wasn't paid. I went to the local office only to be told it had been stopped and I would have to see someone the following Tuesday, Up until this point I had been very polite then I broke loose which did me no good at all.

I went across the Street & saw a Lawyer I knew, he phoned the manager of that Centerlink office and gave him both Barrels. When he got off the Phone he smiled and said your Pension will be in your account within 24 hours and it was.

Being the kind of person I am (Blue Cattle Dog) comes to mind. I contacted a Social worker I knew that worked in another Centerlink office and ask Her If she could find out why my DSP had been Stopped, after she checked she told me that someone in that office didn't like me & just decided to have it stopped, because she had done this for me in Secret I could not let on what I knew or complain about it, I just had to let it ride.

As you can see I have had my share of trouble with Centerlink as Im sure most of you have, They have had me followed, come to where I was renting a Room and tried to make out I was in a relationship with the lady that owned the house (She was not impressed) etc etc, I could just go on but that's enough for now.

Like I said at the start Im not sure If I will be affected or not but Im prepared to give all the support I can, because when I needed help in 2008 there was nothing in place for people on DSP

Cheers
Banker.
P.S. I would like to thank ruddthedudd for telling me about this.

[richoz]

Banker,

Thanks for taking the time to tell us of your problems with Centrelink. I agree with you that you will most probably not be affected by the changes, but thanks very much for the support. I am also very happy to hear that you can better deal with your disability in SEA.

It is no secret that Centrelink is one of the most poorly run Australian Government Departments. This may be why one third of Centrelink decisions are overturned on appeal to the SSAT. There seems to be a lot of arbitrary decision making based on departmental policy that in no way follows the law.

I have made several trips to SEA over the last two years, and about 6 months ago I was asked to contact someone at their data matching section in Hobart, which I then did. He (although very pleasant - I wont deny that) wanted to know how I managed to afford several o/s trips each year. I told him that I only traveled to Asia and booked my fares well in advance, never being paying more than $800 a time. I also told him that I could enjoy a better standard of living overseas than I could in Australia. He agreed with me that many people are doing what I was doing. He then stated that he wanted to examine my bank accounts and have me fill in a statutory declaration when I returned to Australia. I told him the date and he told me that there would be a stat dec waiting for me upon my return. I also offered to send him all my bank statements, to which he replied, "no we can access them directly" (there's big brother for you).

Well several weeks later I returned, and I had not received the stat dec that he said would be waiting for me. I then contacted this gentleman and his response was, "oh I closed that file/review, all is okay". Fast forward 2 months and he contacted me again, "I need to see your bank statements" - oh brother. I then returned his call and was told that he was on holiday for three weeks. The lady I spoke to at Centrelink had a look at his file notes and her response was exactly "oh this is a mess, I dont know what he is doing". She was very nice indeed and promised to get back to me. Two weeks later I got a voice mail message from her that said, "I am sorry for the late reply, look everything is fine with your travel arrangements, so for the confusion, there is no need to call me, but feel free to do so if you want".

I think with a lot of Centrelink decision making, the delegates dont really know how to follow the law and rely on poorly drafted policy manuals.

Who knows that the changes may be, one thing for certain is that it will be a long the lines of making it harder for DSP's to claim to be permanently residing in Australia if they make multiple trips.

On a side note, it is interesting that migrants can come to Oz, obtain permanent residency, and more or less leave for 5 year periods, just as long as they renew their Resident Return Visas. Even if they are away for more than five years they can still regain their PR just by claiming their continued ties with Australia. Whereas with DSP's (and I am a citizen) are going to be told how many trips and how long I can stay outside Australia. Well if that is the case it wont be about a fight.

[Banjo]

Banker.
My understanding of the situation you were in, if you're covered by the old rules you will be fine until you turn 65.
I'm not sure whether you will be able to claim the Age Pension automatically, but according to the Act you can if you've been permanently resident in Australia for ten years.

SOCIAL SECURITY ACT 1991 - SECT 43
Qualification for age pension

(1) A person is qualified for an age pension if the person has reached pension age and any of the following applies:

(a) the person has 10 years qualifying Australian residence;

(b) the person has a qualifying residence exemption for an age pension;

An Australian resident is a person who:

(a) resides in Australia; and

(b) is one of the following:

(i) an Australian citizen;

(ii) the holder of a permanent visa;

This seems to pretty well cover you.

For professional advice get on the Welfare Rights site and ring the number there.