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Post by Banjo on Jun 6, 2017 17:33:06 GMT 7
guides.dss.gov.au/guide-social-security-law/7/1/2/20This is quite clear and specific I think.
It should dispel any fears about changes to portability that people may have had in regard to UP on DSP.
The rules are very clear that once granted UP after assessment under the 2012 tables, and JCA that UP is on going.
There is no mention of a period of time that UP lasts for. It is forever, and the 5 year term is based on the meaning that during that time there will be no changes etc (the only proviso would be if a person was to improve during that period of 5 years) If the condition is to worsen, then I think UP is ongoing. DSP (permanently and severely impaired and no future work capacity with indefinite portability) From 1 July 2012 DSP recipients with a permanent and severe impairment and no future work capacity are eligible for indefinite portability of their pension. A DSP recipient may be granted indefinite portability if the JCA indicates that, based on the evidence and the assessor's professional opinion, it is unlikely they will have any capacity to undertake work in the open employment market at or above the relevant minimum wage in the next 5 years, even with interventions. DSP recipients applying for portability under these provisions are required to undergo an assessment of their impairment and their future work capacity in Australia prior to departure. Payment may be proportionalised (7.2.2.10) after 26 weeks overseas absence if CITW did not occur in Australia. SSAct section 1218AAA Unlimited portability period for DSP-severely impaired disability support pensioner SS Guide 7.1.2.10 General Rules of Portability, 7.1.1.10 Overview of Portability Legislation
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Post by Deleted on Jun 17, 2019 6:27:46 GMT 7
Welcome to the forum lion70 What makes you think you don't have UP anymore? Have you checked with C.I.S (131673) to see what your status is? I'm under the impression once you have UP you have UP. Maybe not! I'm sure someone more knowledgeable than me will be along soon. Also; why do you think you were a "permanent resident" in another country? Did you have a visa to that effect? Just because you may have lived there for a long time doesn't necessarily make you a permanent resident, in any legal sense. Cheers bear
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Post by nomadic on Jun 17, 2019 7:35:51 GMT 7
Welcome, lion70. I agree with bear. But you were always an Australian resident. You were just away on a long holiday as you can do with U.P. I go back many times over the years but never for that long. Although I do remember someone at one time saying that if you stayed in Australia for a long time (can't remember the exact length), but that things may change. Give international a call but I think/hope all will be good.
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Post by nomadic on Jun 17, 2019 7:40:36 GMT 7
I have never been asked to do a medical review in 20 years. I only did them myself to get U.P. 7 years ago. Never been asked since got U.P. Also they can't keep changing the laws to change things once we are granted a lawyer told me. Once on U.P., I will be grandfathered if they do change things in the future.
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Post by Deleted on Jun 17, 2019 11:23:34 GMT 7
If you were granted UP, you have UP. The continuing for five years is just part of the process to apply. It has nothing to do with any expiry date. Members here with UP don't even advise of their travel dates, because if you have DSP/UP you are not obligated too. OAP'er's, on the other hand are. If you're that concerned whether you still have it or not; follow the advice!
Spend five minutes, ring C.I.S then you'll be rest assured. Cheers bear
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Post by Deleted on Jun 17, 2019 17:47:10 GMT 7
What is OAPers bear thanks OAPer's are Old Aged Pensioners. They have UP automatically, but have to advise when leaving and for how long, generally. DSP/UPer's as I understand the it, are virtually persona non gratis. They can come and go.at will, with no.contact with Centrelink/DHS. DSPer's are required to advise their travel plans to Centrelink by phone, to avoid any unwanted disruptions while overseas.
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Post by nomadic on Jun 17, 2019 19:15:48 GMT 7
No lion70 they do it automatically. Since I got U.P. 7 years ago I have returned at least once every year. (usually only a month or so), They track us through immigration so I have had no contact at all with them in this time. When I return the supplement returns and 6 weeks after I leave it stops. Every time I return a new concession card is sent to my Aus address even when the one I have is still good for another year. Medicare card is renewed when due also. So don't think there will be a problem other than maybe some fine print if you stay over a certain amount of time. So a call to international probably the best way to be sure.
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Post by cripple on Jun 19, 2019 12:29:35 GMT 7
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Post by cripple on Jun 19, 2019 12:41:25 GMT 7
With questions J K and L please help me with what your forms had ticked
J the current impact of this condition is expected to persist for
Less than 3 months
Or
3 to 24 months
Go to question K
2 to 5 years
Or
More than 5 years
Go straight to question L
question L
Within the next 5 years the effects of this condition on the patient's ability to function is expected to
Improve
Remain unchanged
Deteriorate
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Post by cripple on Jun 19, 2019 12:47:33 GMT 7
My question is we know it's a 5 year thing so I want the 5 year box ticked but my doc said he cant tick deteriorate because that's only for cancer and my doc said no doctor will, but I would imagine all our conditions are deteriorating. It's interesting lion that you where granted up with the remain unchanged box because I'm wasn't sure if that's bad enough , can you please explain more about what your filled out forms where ? Do you have pics or your old forms?
Can you guys take a look and offer me your advise and share your form experience
I'm in the trenches now with my Up and getting closed to getting the forms filled out soon, I would say it has to be 5 years not 2 right ? And remain unchanged is good enough or do we need a deteriorate?
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Post by cripple on Jun 19, 2019 13:12:06 GMT 7
Question J is more than 5 years Question K is fluctuate and remain unchanged Question L is remain unchanged So yours was question J more than 5 years then skip question K and question L yours was remain unchanged and you where granted UP on that ?
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Post by cripple on Jun 19, 2019 13:12:56 GMT 7
I think your right mate once you got up you got it for ever
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Post by lion70 on Jun 19, 2019 13:37:11 GMT 7
I can’t remember if K was deteriorate I’m not Shure because doctor send in the forms
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Post by lion70 on Jun 19, 2019 14:41:23 GMT 7
Or the L question had a deteriorate on it because I haven’t got my forms so I can’t remember which one was ticked deteriorate from the last two questions
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Post by cripple on Jun 19, 2019 16:55:51 GMT 7
I can’t remember if K was deteriorate I’m not Shure because doctor send in the forms Your posts are being deleted ? Are you ok ? Lion70 I thought you said you had ticked remain unchanged for 5 years and that's why your worried about a review?
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