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Post by itsmylife08 on Oct 3, 2013 20:47:02 GMT 7
Nice one for all of us
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Post by anthonydsp on Oct 3, 2013 21:11:34 GMT 7
your right banjo the ruling could and would affect anybody with indefinite portability if centerlink wants to play there games but on the other hand it was a really good win for mr ahern retaining his indefinite portability status of the dsp just goes to show centerlink can really stuff u up for a long time i wonder if the minister will appeal the AAT ruling
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Post by Banjo on Oct 4, 2013 6:41:44 GMT 7
I doubt Centrelink will consider it a stuff up other than by the AAT. I cant see them appealing, a Federal Court loss would be bad news as the last thing they would want is people who are grandfathered coming and going from Australia as they please. For one thing it would be hard to keep track of them.
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Post by mick on Oct 5, 2013 11:48:34 GMT 7
I'm sure that their rule book has a time limit that you can spend in Australia before you lose being grandfathered but the tribunal interpreted this as actually living there. The same rules would apply to people on the indefinite portability so this ruling could be important if anyone needs to come back for health or personal reasons. So I am guessing now that if Mr Ahern had to return to Australia for health reasons, he would be turned down because he lives in India and is considered a non-resident of Australia???
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Post by Banjo on Oct 5, 2013 12:43:22 GMT 7
If you read the transcript of the appeal you will see he never considered himself a resident to the point of not applying for a concession card or accepting the pensioner supplement. I'd be curious to see if he renewed his Medicare Card.
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Post by mick on Oct 5, 2013 12:46:41 GMT 7
Well he obviously got treatment for his heart condition.
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Post by Banjo on Oct 5, 2013 14:08:20 GMT 7
True.
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Post by aussieinusa on Oct 27, 2013 16:00:48 GMT 7
So I am guessing now that if Mr Ahern had to return to Australia for health reasons, he would be turned down because he lives in India and is considered a non-resident of Australia??? Each department makes their own rules. You can be an Aussie resident for tax purposes (i.e. according to the ATO) and a non-resident according to CL. You can be a resident for Medicare purposes and not for ATO purposes. It can all get very confusing; whether you're a resident or not really depends on which department you talk to. They all make their own rules. The whole system is horribly, needlessly difficult and complex. I'm pretty 'high functioning' (or whatever you call it) for someone as sick as I am, and I still have trouble navigating it; have had many frustrating conversations with CL staff trying to figure stuff out. I have no idea how people in worse shape than I am deal with it all. I guess if they don't have family members to help, they're screwed.
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