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Post by Deleted on Sept 7, 2016 8:25:52 GMT 7
The legislation has not been passed yet. It is an adjustment of how much they pay you depending on AWLR. I don't know if this cut from 26 weeks to 6 weeks applies to people with full AWLR. See highlighted text below. Those with full AWLR retain the full pension so do they also retain the 26 weeks before loss of the supplements?
This proposed legislation seems somewhat ambiguous to me. How do others see it?
Cheers bear
www.dss.gov.au/about-the-department/international/policy/portability-of-australian-income-support-payments#022015-16
Budget measures (Subject to passage of legislation)
www.dss.gov.au/sites/default/files/documents/08_2015/2015-16-budget-tightening-proportionality-requirements.pdf
The 2015-16 Budget announced that, from 1 January 2017 and subject to the passage of legislation, the Government will be adjusting certain pensions according to the pensioner’s Australian Working Life Residence (AWLR) when they have been travelling or living outside Australia after six weeks, instead of 26 weeks. AWLR is the period a person has resided in Australia, as a permanent resident, between the age of 16 and Age Pension age.
Currently, to retain their basic means-tested payment rate while overseas, a pensioner needs 35 years AWLR. If a person has less than 35 years AWLR, their pension is adjusted after 26 weeks overseas, according to their years of AWLR.
For example, if a person has 15 years of AWLR, they would be paid 15/35ths of the amount of pension that is payable in Australia.
From 1 January 2017, pensioners with less than 35 years AWLR will be paid an adjusted rate of pension after six weeks.
This measure will affect the Age Pension, some Disability Support Pension, and Wife Pension and Widow B Pension recipients, who have access to indefinite portability.
This measure will reinforce and strengthen the residence based nature of Australia’s social security system. This measure does not impact on the length of the portability period. The Age Pension, and a limited number of other pensions, will continue to be payable overseas indefinitely. Only the amount they may receive after a six week absence may change.
Pensioners who are travelling or are residing overseas before 1 January 2017 will retain access to the longer, 26 week period. If they return to Australia, for any subsequent travel overseas, their amount of pension will be adjusted after six weeks.
More information on payments overseas is available on the Human Services website at: www.humanservices.gov.au/paymentsoverseas.
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Post by Banjo on Sept 7, 2016 9:29:34 GMT 7
It's about AWLR bear, at the moment people with 20 years will have their pension reduced after 26 weeks, next year if the legislation passes it will be 6.
I've pointed out before that this will not apply to people who went on the DSP without 35 years AWLR, someone born in Australia or immigrated young who went on the DSP at 35 should still have full AWLR, not 20 years... at least I think that's how it works.
There's a loop hole if the injury causing the DSP occurred in Australia as well.
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Post by krystal on Sept 7, 2016 16:22:21 GMT 7
I hope you are right Banjo.
To me it stinks of "if we can't get you to live in poverty in Australia, we will certainly do our best to make you live in poverty overseas".
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Post by nomadic on Sept 7, 2016 18:18:49 GMT 7
banjo, your wisdom needed further advice on the above. I am heading back in March 17. Will this affect me as I worked for 25 years? Another thing to worry about maybe as Krystal suggests. Maybe I have to cancel my flight and never return again. I can't imagine that but knowing how low they can go then I worry.
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Post by chris on Sept 8, 2016 1:08:25 GMT 7
banjo, your wisdom needed further advice on the above. I am heading back in March 17. Will this affect me as I worked for 25 years? Another thing to worry about maybe as Krystal suggests. Maybe I have to cancel my flight and never return again. I can't imagine that but knowing how low they can go then I worry. How many years did you live in Australia from age 16. That's the AWLR.
Legislation has not been forwarded to the Senate as of now.
I will not add my thoughts, but there's another thread in the OAP section. Several threads which could be read over time.
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Post by nomadic on Sept 8, 2016 6:57:17 GMT 7
Hi Chris, I lived there for 29 years on that basis. It use to be 25 years so again they seem to have changed the goal posts. And even worse they wont tell anyone until they return by which time it's to late. I think they call it entrapment.
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Post by Banjo on Sept 8, 2016 7:19:38 GMT 7
I think that you can make returns to Australia with out affecting your pension Nomadic, you've already made several haven't you?
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Post by Deleted on Sept 8, 2016 8:34:45 GMT 7
I have 49 years I too will be returning to oz for a visit next year So i hope they do not find a loop hole for me otherwise i will be You know What
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Post by chris on Sept 8, 2016 11:28:49 GMT 7
Hi Chris, I lived there for 29 years on that basis. It use to be 25 years so again they seem to have changed the goal posts. And even worse they wont tell anyone until they return by which time it's to late. I think they call it entrapment. 29 years is quite a bit better than 25. As for changing the goal posts, well maybe, but that change was made over 2 years ago, so you have responsibility to keep yourself updated.
Under current legislation you would get a full pension if out of the country less than 180 days. Then it reverts to 29/35, around 80% of the full pension after 180 days. The supplements are dropped.
Firstly is the 29 years your exact number? You can be credited with AWLR if out of the country and you returned periodically.
If I'm you, I return once a year, stay about a month. Keeps your Health Card and Medicare up to date.
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Post by nomadic on Sept 8, 2016 19:24:05 GMT 7
But it says starting on Jan 1 2017 you have to have 35 years and on the bottom, if you return to Australia, and any subsequent travel you will be ajusted after 6 weeks. Sounds very shifty to me.
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Post by chris on Sept 8, 2016 21:45:46 GMT 7
That legislation has not been passed and has considerable opposition.
I suggest you follow the current legislation.
And do some more reading. You have not grasped the whole concept yet. And I also suspect you might have more than 29 years. Have you calculated that out?
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Post by highlander4000 on Sept 9, 2016 7:15:34 GMT 7
Hi guys, from my not so informed memory, i seem to remember being told that If you got your disability in Australia (for those on DSP not OAP), you arent subject to AWLR. Which was surprising to me, as i couldnt imagine that many people on DSP got their disability overseas and then came to australia and got dsp. Also
AWLR is the period a person has resided in Australia, as a permanent resident, between the age of 16 and Age Pension ag
This is why i remember it, because im only 35, so i thought that i would only get about half of the pension once the AWLR kicked in, if i went overseas for a certain period of time, because i was granted undefinite portability, but i think banjo or blacktulipvampire showed me otherwise.
I cant remember where that rule is written though. I could be wrong, im probably wrong, but tahts what i remember because it was a weight off my shoulders to know that i can get the full pension indefinately even after 26 weeks, although i still worry about after 26 weeks if residency problems come in, but Banjo told me taht people with undefinite portability arent subject to residency issues. But not everyone has undefinite portability so theres probably different rules for them too, sorry if thats confusing, it all confuses me too.
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Post by itsmylife08 on Sept 9, 2016 12:56:29 GMT 7
Hi guys, from my not so informed memory, i seem to remember being told that If you got your disability in Australia (for those on DSP not OAP), you arent subject to AWLR. Which was surprising to me, as i couldnt imagine that many people on DSP got their disability overseas and then came to australia and got dsp. Also AWLR is the period a person has resided in Australia, as a permanent resident, between the age of 16 and Age Pension ag This is why i remember it, because im only 35, so i thought that i would only get about half of the pension once the AWLR kicked in, if i went overseas for a certain period of time, because i was granted undefinite portability, but i think banjo or blacktulipvampire showed me otherwise. I cant remember where that rule is written though. I could be wrong, im probably wrong, but tahts what i remember because it was a weight off my shoulders to know that i can get the full pension indefinately even after 26 weeks, although i still worry about after 26 weeks if residency problems come in, but Banjo told me taht people with undefinite portability arent subject to residency issues. But not everyone has undefinite portability so theres probably different rules for them too, sorry if thats confusing, it all confuses me too. I think this is is what you're talking about mate Regards Itsa guides.dss.gov.au/guide-social-security-law/7/2/2/10
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Post by highlander4000 on Sept 13, 2016 7:56:09 GMT 7
Yes, i think thats it itsmylife, sorry , im having trouble concentrating to read it, but im sure thats the link.
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Post by fedup on Oct 18, 2016 23:41:08 GMT 7
This was implemented in June 2014,I had a letter stating ,under their own calculations that my working ALWR was 40 yrs,I was out of the country before they implemented it,and they still adjusted it down,see my old posts,
So why are they implementing something they passed over two years ago
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