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Post by deejtj on Jan 9, 2017 10:13:05 GMT 7
Hi to Everyone, I recently applied for advise on exemption from a partnered rate of payment were I to marry my full time live in carer. We live live in the Philippines I receive a single age pension blind I'm 68 yrs with a few disabilities They say they cannot advise me until I am married or partnered and to date not considered partnered. I cannot understand why surely as there is absolutely no benefit to be gained by marriage other than a sense of respectability for my carer and her family. My fear is that if I proceed popose marriage my pension would be cut and I could not afford to keep my carer wife in that case and pay my medical and insurance costs. Any advise suggestions or comments of relevant experience would be most gratefully accepted. Sincere regards to All Have a really great day Cheers teej
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Post by latindancer on Jan 9, 2017 10:58:23 GMT 7
Hi Deetji,
I went through this in Thailand and because my wife was earning a small wage, I was rejected for the Section 24 exemption. I appealed but lost.
I only got the exemption when I was living here in Australia.... away from her ..... (I used to come back here to earn money).
We also had someone else on this forum (I think in the Philippines) who was given a hard time by Centrelink, even though their partner earned a really very meagre wage.
In my opinion, getting married would open up a can of worms. As soon as you tell Centrelink, they will require you to prove that her income is either non-existent, or small enough that you cannot share expenses. And they determine tis according to whether the level of her is enough for this in Filipino terms, not Western terms.
It will create a lot of trouble for you.
I know that Filipinas are very marriage-oriented people, and that it means a lot to them. But perhaps if you explain to her that you would LIKE to but cannot, she might understand.
Centrelink are really very stingy when it comes to whether you can share expenses or not.
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Post by deejtj on Oct 29, 2019 5:33:40 GMT 7
Thank you latindancer , I have been away for some time but same problem now . I am unable to travel due to health issues if I do not leave and re enter the Philippines in 2021 I would be an illegal imigrant detention and depotation ??. I have 2 options Section 24 or go illegal. were I able to return to Australia I would most likely be dead within weeks Does anyone know of an Australian who has been granted Section 24 while residing in Asia ??
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Post by Denis-NFA on Oct 29, 2019 17:12:21 GMT 7
Thank you latindancer , I have been away for some time but same problem now . I am unable to travel due to health issues if I do not leave and re enter the Philippines in 2021 I would be an illegal imigrant detention and depotation ??. I have 2 options Section 24 or go illegal. were I able to return to Australia I would most likely be dead within weeks Does anyone know of an Australian who has been granted Section 24 while residing in Asia ?? May I suggest that you send an email to Senator Siewert rachel-siewert.greensmps.org.au/ as she is the only Australian Politician that I know of that is trying to help. All the best. Denis |
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Post by Denis-NFA on Oct 29, 2019 17:17:57 GMT 7
And deejtjDo you have all the necessary documentation from Australia to marry a Filipina? The reason I ask is that I understand it can take some time from marriage to being granted a Philippines married visa. |
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Post by deejtj on Oct 31, 2019 8:59:07 GMT 7
Hi Denis, Thank you for your reply . Yes a long process I will propose marriage next year after Christmas and time to save a little , but as there is no divorce in this country I cannot marry until section 24 is granted . My difficult option if 24 is not granted would be to breach my promise of marriage and sack my carer. heartbrealikng her family would hate me . My heart would be broken to sack such a wonderful carer . So centrelink first stop .
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Post by Denis-NFA on Oct 31, 2019 10:21:51 GMT 7
deejtjMay I suggest in your communication with those that shall not be named that you emphasize the carer aspect and your risk of losing that person's care. PS I worked for a short time at 2 different radio stations, one in country central Victoria and the other in Canberra of all places.
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Post by deejtj on Nov 2, 2019 8:41:27 GMT 7
Hi Denis, Yes you are right I must take the chance and it is true my carer is a wonderful lady a heart of absolute gold it would be tragedy if I was forced to abandon her after all these years of care . She has saved my life on 2 occasions. Simple fact is on a partnered rate I could not afford to pay her we would have to move to cheaper rent she could no longer put her son thru colledge . i just hope there are some in centrelink with a brain and a heart. I have not heard of anyone here being granted section 24 so I will make a point of keeping you all up to date with my progress, maybe it will help someone here. Have a really great day Cheers Dee.
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Post by Denis-NFA on Nov 5, 2019 15:27:34 GMT 7
deejtjIf I may, are you applying/corresponding with C/L International or another section? All the best. Denis
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Post by Denis-NFA on Nov 11, 2019 21:39:40 GMT 7
deejtjNot sure if you have read the relevant sections of the Act but these are relevant, Under Part 1.2 Definitions you will find, Section 4 Family relationships definitions—couples And then at Part 1.3 Determinations having interpretative effectSection 24 Person may be treated as not being a member of a couple (subsection 4(2)) The other area to read up on is in The Social Security Guide at 2.2.5.50 Discretion to Treat a Person as Not Being a Member of a Couple for a Special Reason I know this is a US legal perspective but interpretative effect might be defined at administrativelaw.uslegal.com/administrative-agency-rulemaking/interpretative-rules/All the best Denis
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