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Post by Deleted on Nov 28, 2018 18:37:23 GMT 7
Those who were grandfathered Customers who were overseas at 1 July 2004 were not affected unless they returned to Australia.(and became residents again) Certain DSP recipients granted indefinite portabilityIn special circumstances, defined in the legislation, recipients of DSP could be granted payment indefinitely if they were terminally ill and planning to return to their country of origin to be with family for care and support. DSP recipients who were residing overseas and were currently paid portable pensions could continue to receive payment if they came to Australia to visit family and returned overseas without becoming Australian residents again. www.dss.gov.au/about-the-department/international/policy/portability-of-australian-income-support-payments#17
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Post by jr on Nov 28, 2018 20:02:17 GMT 7
Bear thankyou I read through that link and it is excellent explaining the history of dsp portability and legislation changes.
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Post by Deleted on Nov 29, 2018 7:47:11 GMT 7
Bear thankyou I read through that link and it is excellent explaining the history of dsp portability and legislation changes. No worries jr oh to have been lucky enough to have been OS on 1 July 2004, and knowing about the coming changes. I didn't even know I could go OS until 2008. Glad you liked the link, cheers bear
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Post by nomadic on Nov 29, 2018 7:59:52 GMT 7
This is my only real area of expertise apart from horses of course. In 1999 until 2004 I was away for a year at a time. I only came back because I wanted to and believe I was on automatic UP just being on DSP was enough. Then before 2004, they changed it to 6 months but for whatever reason, it did not affect me. Then in 2004, it changed to 3 months and exactly as latindancer says, I returned every three months and out again. It was total madness at best. I did job capacity interviews twice and both times said not employable but still didn't get me UP until lawyer expert got involved in 2012 and found out I should have been grandfathered in 2004. So I did around 200 flights when should have been none. Further news awaits. There were 3 clauses in 2004 to be grandfathered. 1. You had to be out of the country the date legislation was passed. 2. You have never returned on a permanent basis after that. 3. Under the rules of the day, you must be deemed as SEVERELY disabled. I was covered by all three but they covered it up. Even at one time, a staff member told me I had returned permanently even though I was only back for a week. It defied belief his conversation at the time but I now realised he was only trying to trap me. I now believe many others probably suffered the same fate and never found out about it all even to this day as they just accepted clinks lies. Luckily I never gave up mainly because it defied any logic even if true and it wasn't true as it turned out. 8 years of stress and poverty due to airfares and pointless travel. Now you know why I hate them all.
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Post by jr on Nov 29, 2018 13:24:19 GMT 7
Thanks again Bear, I sorely wish you had of been overseas at that time and saved all the heartache you had to endure since. So glad you’re on OAP now. I got my dsp just after the three month rule was introduced and so I didn’t ever come to know that portability was once a right to all, very much *unlike* the excruciatingly unfair process it is now. I still dont want to apply for UP now even though I think I meet the criteria I dont think Id cope with the stress of the whole process or it going wrong and losing my dsp. Im still confused about what Centrelink told me 15 years ago about applying for UP, but there’s every chance they got it wrong. Nomadic thankyou so much for explaining your story, that totally cleared everything up with my confusion on the portability changes aswell. You should have been automatically grandfathered under the old rules but it took a lawyer and a huge amount of stress and time for Centrelink to figure this out even though you were entitled to UP all along. Im so glad you got it back but so sorry for the stress you went through, its so ridiculous and ludicrous as you were entitled to it all along.
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Post by nomadic on Nov 29, 2018 18:55:39 GMT 7
Hey jr, I always say go for UP if you really want it. Do your homework first and if you think you qualify then why not. When you get it it is as good as winning Lotto. Depends on your own situation I guess but if you are qualified for it and want it then nothing to lose and all to gain.
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Post by tasjo on Nov 30, 2018 4:53:53 GMT 7
It appears that FTB portability has another different criteria as well... Portability for multiple 6 week periods but only if there are 6 weeks in Australia in between. Carers payment appears to be like DSP used to be... I've multiple 6 week portability as long as they are with the person they care for... With also the option of 9 weeks respite care either with or without the person they care for (if informal/formal arrangements are made for care.
What a mess!
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Post by mulloway on Nov 30, 2018 13:32:37 GMT 7
The fact that Carer and DSP portability are not aligned shows that the Abbott government made those new rules on the fly and they didn’t think it through. These laws profoundly affect the quality of life of thousands of Australians. Their slap dash butchering of the Social Security Act demonstrates their incompetents.
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Post by bobm on Dec 24, 2018 15:32:03 GMT 7
I have UP, I was told a few years ago that the time was 26 weeks...could visit Oz up to 26 weeks, but longer than 26 weeks could be deemed as having returned full time as a resident, in which case UP would be gone and be put on current regulations regarding going OS.
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Post by pady on Dec 24, 2018 23:11:43 GMT 7
I have UP, I was told a few years ago that the time was 26 weeks...could visit Oz up to 26 weeks, but longer than 26 weeks could be deemed as having returned full time as a resident, in which case UP would be gone and be put on current regulations regarding going OS. I was back in oz and was told unlimited portibilry is exactly as it suggests regardless of time in oz
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Post by Deleted on Dec 25, 2018 3:58:57 GMT 7
I have UP, I was told a few years ago that the time was 26 weeks...could visit Oz up to 26 weeks, but longer than 26 weeks could be deemed as having returned full time as a resident, in which case UP would be gone and be put on current regulations regarding going OS. I was back in oz and was told unlimited portibilry is exactly as it suggests regardless of time in oz Exceptions always apply though pady Those such as bobm grandfathered back in 2004 got UP but lost residency and therefore their right to a concession card. If they return for more than 26 weeks, they are deemed to be residents again will get a concession card and lose their UP. Just one more light bulb moment by government; with no thought about people ageing and situations changing. Howard's philosophy at the time was obviously kneejerk and, "Goodbye & good riddance." Merry Christmas, cheers bear.
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Post by nomadic on Dec 25, 2018 7:33:44 GMT 7
That is entrapment. I wonder if anyone has been caught out by it and lost UP? Christmas day so won't growl. Will just say PURE B!@#adry!
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Post by latindancer on Dec 25, 2018 17:34:19 GMT 7
^^ Huh !
A very mentally inflexible "One size fits all" policy. Groan....
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