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Post by chris on Sept 4, 2016 21:54:18 GMT 7
Apologies to Banjo. This is the 3rd time I have posted this similar story.
I am a non resident. I have been a US Citizen since 1975, 41 years. I did not live in the USA most of that time, but I did fulfill the requirements for SS in the USA.
I fulfilled my Aussie residency requirement by being born in Australia. I lived there until age 17. Since age 17 I have only a few years of residency. An AWLR of less than 5 years.
I have saved up enough money for a trip home. Finally bought my ticket and headed to Cairns Feb 2017.
I have called CL quite a few times. There comment has always been the same. Go to Australia and apply. And they usually mention % deduction for my US Pension.
So again in a nutshell, because of this unique situation. How might they stop me or disqualify me from the OAP?
It is my plan to live in Australia of course 24 months. I have a few medical issues to be sorted out and will probably stay longer. My position to CL is that I'm coming home to stay. |
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Post by Banjo on Sept 5, 2016 7:11:54 GMT 7
Well you should understand AWRL by now.
As a citizen you would be entitled to the pension while you are in Australia but very little over seas.
To get any medical treatment under Medicare you will have to show proof that you intend to remain an Australian resident, talk of home and family in the Philippines may not help here.
Residence Requirements.
To be eligible for Age Pension you must satisfy residence requirements.
On the day you submit your claim, you must be:
an Australian resident, and
physically present in Australia
You also need to have been an Australian resident for a continuous period of at least 10 years, or for a number of periods that total more than 10 years with one of the periods being at least 5 years.
You may also meet the residence requirements if you have lived or worked in a country with which Australia has an international social security agreement.
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Post by Denis-NFA on Sept 6, 2016 19:37:19 GMT 7
chrisAs Banjo summarises, I would think that you will be granted OAP particularly as you are coming 'home' and that you do have family in Australia. Also, as Banjo points out, if you were to leave Australia the AWLR law would only allow you 1/35th of the OAP because AWLR starts from age 16 and you left when you were 17. If I were to return to Australia I would go to Gladstone in Qld. 'Bloody' cheap rent with a climate I can live in. Might be worth your while to check it out whilst you are up that way. There is a small Filipino community.
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Post by Banjo on Sept 7, 2016 8:58:55 GMT 7
He has AWLR of "less than 5 years" so he gets 5/35 of 14% of the pension if he goes back overseas.
A bit over $200 a month after the allowances etc go.
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Post by chris on Sept 7, 2016 18:24:50 GMT 7
But I have deductions for other income, Banjo, Denis. Under current legislation I could report back every
6 months after the 2 years.
There's another little twist. My father was a government employee assigned in the USA. A government employee and his dependents still accrue AWLR if assigned overseas. That's 6 years, and how might they view that?
So bottom line I do 2 years and try to fall in line with the legislation as it is in 2019.
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Post by Denis-NFA on Sept 8, 2016 6:02:53 GMT 7
But I have deductions for other income, Banjo, Denis. Under current legislation I could report back every 6 months after the 2 years. There's another little twist. My father was a government employee assigned in the USA. A government employee and his dependents still accrue AWLR if assigned overseas. That's 6 years, and how might they view that? So bottom line I do 2 years and try to fall in line with the legislation as it is in 2019. I am waiting with bated breath to see your case in the AAT. Banjo, I disagree that it is 5/35ths because he has acknowledged that he left at age 17. And hey, who got him the passport to leave. LOL Maybe he should charge his father and the Australian Government with kidnapping. But chrisUnderstand what you will be up against. PS Check out Gladstone in Qld. |
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Post by chris on Sept 8, 2016 6:59:31 GMT 7
But I have deductions for other income, Banjo, Denis. Under current legislation I could report back every 6 months after the 2 years. There's another little twist. My father was a government employee assigned in the USA. A government employee and his dependents still accrue AWLR if assigned overseas. That's 6 years, and how might they view that? So bottom line I do 2 years and try to fall in line with the legislation as it is in 2019. I am waiting with bated breath to see your case in the AAT. Banjo , I disagree that it is 5/35ths because he has acknowledged that he left at age 17. And hey, who got him the passport to leave. LOL Maybe he should charge his father and the Australian Government with kidnapping. But chris Understand what you will be up against. PS Check out Gladstone in Qld. I am looking at Gladstone.
When you say AAT. Is my case automatically referred to a tribunal?
And how long might that take?
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Post by Banjo on Sept 8, 2016 7:14:33 GMT 7
No, Centrelink will make a decision and it will be up to you if you want to accept it or make an appeal.
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Post by chris on Sept 8, 2016 11:02:52 GMT 7
I have the broad assumption that I am an Aussie Citizen, physically present in Australia when I
make my claim. That qualifies me. Would appeal if otherwise.
I will remain in Australia as I file my claim. And will remain in Australia thereafter. I feel I cant be refused if I hang on in Australia.
An Aussie citizen living in Australia is a resident. Right?
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Post by Denis-NFA on Sept 8, 2016 13:20:53 GMT 7
I have the broad assumption that I am an Aussie Citizen, physically present in Australia when I make my claim. That qualifies me. Would appeal if otherwise. I will remain in Australia as I file my claim. And will remain in Australia thereafter. I feel I cant be refused if I hang on in Australia. An Aussie citizen living in Australia is a resident. Right? Forgive my foolish asides. I think you will definitely get the OAP, particularly as you are registered at birth in Australia. My other remarks was merely a reflection on your circumstances, which are intriguing. Someone recently told me about Gladstone and it is the cheapest rental place I know. I am looking forward to your reports when you get to Cairns. |
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Post by chris on Sept 8, 2016 15:59:28 GMT 7
No direct flights to Gladstone which is the negative. I hope to get in and out about twice (unpaid)
during the 24 months. Cairns has everything I need. But I might grab budget flights out of Gold Coast
rather than the direct ones. I am going on Air Niugini direct firstly.
Denis. For some fascinating reading research Defoe Shipbuilding in Bay City. Michigan and you will
learn more about why my Dad was over there. And kids and grandkids.
I do hope my birthright is honored. And for practical reasons I might end up staying longer in Australia even after 2 years. Have to see how things work out.
Again I want to apologize to Banjo for bringing this one up more than once. I hope everyone will understand
it's a totally unique situation even for CL to work out.
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Post by Denis-NFA on Sept 9, 2016 5:49:37 GMT 7
chrisYes your circumstances are unique but I am sure that your birth right will be honored. Mention of Gladstone is more about long term and I agree that Cairns is best. If you get the chance, and OAP folk used to get a free ticket, take the rail down to Brisbane. I did it from Townsville and it was the most fascinating journey I've ever been on. The scenery and the people I talked with were great. Takes a while. I've brought up the wiki on Defoe Shipbuilding Company. Over the years I have met some folk from that area. Will check it out. Merely a suggestion. Why not consider setting up a web site that answers folks medical questions? All the best.
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Post by Deleted on Sept 9, 2016 6:37:15 GMT 7
Rockhampton....no direct flights to here either. Queenslanders still get subsidised rail, $25.00 and it is a fascinating journey but after a few it became too difficult for me. The following itinerary is approx. 4hrs compared to 9hrs all the way by rail.
I get budget flights ROK-BNE-ROK, Train to Gold Coast, Bus to Airport and up up & away. Bear in mind the last part of the journey has to be done once you are in Brissy any how.
Approx. Costs per Leg Return:- $180.00, $55.00, $6.00, $550.00. So all up about the same as full fare out of BNE.
Gladstone rent is way way cheaper than here. Cheers bear  |
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Post by chris on Sept 9, 2016 16:14:54 GMT 7
chris Yes your circumstances are unique but I am sure that your birth right will be honored. Mention of Gladstone is more about long term and I agree that Cairns is best. If you get the chance, and OAP folk used to get a free ticket, take the rail down to Brisbane. I did it from Townsville and it was the most fascinating journey I've ever been on. The scenery and the people I talked with were great. Takes a while. I've brought up the wiki on Defoe Shipbuilding Company. Over the years I have met some folk from that area. Will check it out. Merely a suggestion. Why not consider setting up a web site that answers folks medical questions? All the best. No interest in that one mate. But I do a bit on the other forum. |
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