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Post by Banker on Jun 11, 2010 16:33:11 GMT 7
I sent an email to WRG.. Here is a copy and below is their answer: Dear Sir/Madam, I need some advice from you. I was Granted a Disability Pension in 1995. In 2000, after selling everything I had worked for all my life, just to try & survive on my single pension I decided to move & stay in the Philippines where I knew my pension would go further and give me a better life style. ( I now live in Cambodia) I returned to Australia to visit my children and friends in 2001, 2002, and 2008. In 2002 I was called into Centerlink for a interview, The interviewer told me that I would now be listed as being Severely Disabled and that I could just return to Australia as I wished. What he did not inform me of was that I would loose My Australian Residency, I was to find out about this on my return in 2008. I turn 65 this coming November and I am entitled to the OAP. I called Centerlink and asked them If there would be any changes, their reply was only that my pension would change from Disability to Old Age Pension and i could just remain overseas. As I do not trust phone calls with Centrelink I am writing this email to you asking your advice on the matter. Will there be any changes? Will I have to do anything when this change is to take place.? Best Regards. XXXXXXXXXXX Reply: Dear XXXXXXXX, As we only have limited information on your particular circumstances, we can only advise on the general application of the legislation. You must be of age pension age. You do not have to be a current resident to qualify for Age pension, but you must have ten years qualifying Australian residency. That requirement is met if, in the past,at any time, either: (a) you were a resident for 10 years continuously; or (b) you were a resident during two or more different periods totalling 10 years, providing one of those periods lasted for 5 or more years. If you lived in Australia for the majority of your life, then you would appear to qualify. The Age Pension has unlimited portability, that is, you will continue to receive payments irrespective of how long you remain overseas. Hope this assists. For Centrelink information generally, you might like to navigate around Centrelink's 'Guide to Social Security Law' at www.facs.gov.au/guides_acts/ssg/ssg-rn.html. Welfare Rights Centre (SA) Inc Level 5, 97 Pirie Street, Adelaide SA 5000 Ph: 08 8223 1338 Fax: 08 8232 5835 Email: volunteer@wrcsa.org.au I lived in Australia all my life until I moved to the Philippines in 2000, So it looks as If I should not have a problem, but remember Im dealing with Centrelink so anything could happen. Cheers Banker.
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Post by Banjo on Jun 12, 2010 13:26:30 GMT 7
Thanks mate, good information.
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Post by blacktulipvampire on May 5, 2011 19:16:48 GMT 7
I sent an email to WRG.. Here is a copy and below is their answer: In their reply they state: You must be of age pension age. You do not have to be a current resident to qualify for Age pension, but you must have ten years qualifying Australian residency. That requirement is met if, in the past,at any time, either: (a) you were a resident for 10 years continuously; or (b) you were a resident during two or more different periods totalling 10 years, providing one of those periods lasted for 5 or more years. If you lived in Australia for the majority of your life, then you would appear to qualify. /quote] BUT in the recently released SS Guide re residency, they quote a case where some-one was residing in another country and applied for the OAP and was refused as he was not considered a resident ? ? ? They say under 6) other matters:- Bold is mine It is also worth noting that a person claiming Age may have plans to retire overseas. This does not automatically mean that they are not residing in Australia at the time of their claim. The issue is whether the person can, at the time of the decision, be said to be residing in any other country.Example 1: Roger sold his home in Australia 2 years ago and purchased in the UK where his wife and adult children live. He has one adult child in Australia. He previously worked in Australia. He receives an allocated pension from his Australian super fund. He has kept an Australian bank account open with minimal funds in it but also maintains a UK bank account. His car is on loan to his son here but his and his wife's furniture and other car are in the UK where his wife still works. He resigned from his job in the UK after 2 years and returned to Australia and claimed Age, stating he intended to resettle here and was only temporarily staying with his son. The weight of evidence including his wife's place of employment, usual accommodation and the location of his assets support the decision that he is still residing in the UK.
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Post by Banker on May 6, 2011 8:35:05 GMT 7
I sent an email to WRG.. Here is a copy and below is their answer: In their reply they state: You must be of age pension age. You do not have to be a current resident to qualify for Age pension, but you must have ten years qualifying Australian residency. That requirement is met if, in the past,at any time, either: (a) you were a resident for 10 years continuously; or (b) you were a resident during two or more different periods totalling 10 years, providing one of those periods lasted for 5 or more years. If you lived in Australia for the majority of your life, then you would appear to qualify. /quote] BUT in the recently released SS Guide re residency, they quote a case where some-one was residing in another country and applied for the OAP and was refused as he was not considered a resident ? ? ? They say under 6) other matters:- Bold is mine It is also worth noting that a person claiming Age may have plans to retire overseas. This does not automatically mean that they are not residing in Australia at the time of their claim. The issue is whether the person can, at the time of the decision, be said to be residing in any other country.Example 1: Roger sold his home in Australia 2 years ago and purchased in the UK where his wife and adult children live. He has one adult child in Australia. He previously worked in Australia. He receives an allocated pension from his Australian super fund. He has kept an Australian bank account open with minimal funds in it but also maintains a UK bank account. His car is on loan to his son here but his and his wife's furniture and other car are in the UK where his wife still works. He resigned from his job in the UK after 2 years and returned to Australia and claimed Age, stating he intended to resettle here and was only temporarily staying with his son. The weight of evidence including his wife's place of employment, usual accommodation and the location of his assets support the decision that he is still residing in the UK. Please remember at all times that C/L can & will change the rules to suit themselves.
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Post by spaceyone on May 7, 2011 11:26:43 GMT 7
Centrelink must have taken over running Welfare Rights Org. When I was referrred to them, I was told that they are the only organisation in Australia which has the power to log into your Centrelink file and see what was going on.
I begged them to do that, claiming that there must be evidence of the corruption there. They declined. They did phone Centrelink and ask how my DSP application was going. They were told that it was about to come up for review by an ARO. They were faxed a print out from a record in the file, where I had rung to ask how much longer I had to wait for the review, and their reply that it would be on a certain date.
Welfare Rights was satisfied with that, and then made plans to assist me at the SSAT. Had they logged into my account, they would have seen that my claim had been illegally cancelled two weeks prior to their phone call.
Another friend told me that many years ago when he had a hassle with Centrelink, the only time in his life he had applied for unemployment benefits for a short time, he was referred to Welfare Rights.
They organised a tribunal and both parties attended. Centrelink were instructed by Welfare Rights to grant him the dole.
They might have had teeth many years ago, but these days they choose not to use them. Must be like the Ombudsman's office, paid to protect us, but protect Centrelink instead.
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Post by Banker on May 7, 2011 15:23:32 GMT 7
I agree with you on WRG I think they might have a hidden agenda there somewhere. Do Not trust any of them always go with your gut feelings.
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Post by fedup on Apr 16, 2013 3:34:02 GMT 7
I have contacted welfare rights and the ombudsman,with complaints,and I have the sinking feeling they are bought and paid for by CENTRESTINK.
Telling me the things I already know, have done or about to do,ie,lodge an appeal, blah blah ,SSAct etc,,ask other questions and get told we can't answer that,we are not allowed to comment on legislation blah blah blah,
All these ORGANISATIONS are paper tigers,including the human rights commission, disability support,useless waste of taxpayers money,they all play to the tune of the government,all they do is refer you to each other, placing you on the eternal MERRYGOROUND to NOWHERE
If I am wrong please show me cases verifying the fact.
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Post by Banker on Apr 16, 2013 6:32:13 GMT 7
I have contacted welfare rights and the ombudsman,with complaints,and I have the sinking feeling they are bought and paid for by CENTRESTINK. Telling me the things I already know, have done or about to do,ie,lodge an appeal, blah blah ,SSAct etc,,ask other questions and get told we can't answer that,we are not allowed to comment on legislation blah blah blah, All these ORGANISATIONS are paper tigers,including the human rights commission, disability support,useless waste of taxpayers money,they all play to the tune of the government,all they do is refer you to each other, placing you on the eternal MERRYGOROUND to NOWHERE If I am wrong please show me cases verifying the fact. I agree with you regarding W.R. and The Ombudsman..... but we have to keep trying.
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Post by Banker on Apr 16, 2013 6:42:40 GMT 7
I sent an email to WRG.. Here is a copy and below is their answer: Dear Sir/Madam, I need some advice from you. I was Granted a Disability Pension in 1995. In 2000, after selling everything I had worked for all my life, just to try & survive on my single pension I decided to move & stay in the Philippines where I knew my pension would go further and give me a better life style. ( I now live in Cambodia) I returned to Australia to visit my children and friends in 2001, 2002, and 2008. In 2002 I was called into Centerlink for a interview, The interviewer told me that I would now be listed as being Severely Disabled and that I could just return to Australia as I wished. What he did not inform me of was that I would loose My Australian Residency, I was to find out about this on my return in 2008. I turn 65 this coming November and I am entitled to the OAP. I called Centerlink and asked them If there would be any changes, their reply was only that my pension would change from Disability to Old Age Pension and i could just remain overseas. As I do not trust phone calls with Centrelink I am writing this email to you asking your advice on the matter. Will there be any changes? Will I have to do anything when this change is to take place.? Best Regards. XXXXXXXXXXX Reply: Dear XXXXXXXX, As we only have limited information on your particular circumstances, we can only advise on the general application of the legislation. You must be of age pension age. You do not have to be a current resident to qualify for Age pension, but you must have ten years qualifying Australian residency. That requirement is met if, in the past,at any time, either: (a) you were a resident for 10 years continuously; or (b) you were a resident during two or more different periods totalling 10 years, providing one of those periods lasted for 5 or more years. If you lived in Australia for the majority of your life, then you would appear to qualify. The Age Pension has unlimited portability, that is, you will continue to receive payments irrespective of how long you remain overseas. Hope this assists. For Centrelink information generally, you might like to navigate around Centrelink's 'Guide to Social Security Law' at www.facs.gov.au/guides_acts/ssg/ssg-rn.html. Welfare Rights Centre (SA) Inc Level 5, 97 Pirie Street, Adelaide SA 5000 Ph: 08 8223 1338 Fax: 08 8232 5835 Email: volunteer@wrcsa.org.au I lived in Australia all my life until I moved to the Philippines in 2000, So it looks as If I should not have a problem, but remember Im dealing with Centrelink so anything could happen. Cheers Banker. This is an email I received from W.R back in 2010, This is the interesting bit: You do not have to be a current resident to qualify for Age pension,
Yet when I received the OAP I was told by C/L that I was no longer a Resident of Australia and they are still telling me that today.
My question is: The residency debate is it LAW or just C/L policy, please remember C/L policy is not LAW.
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Post by Banker on Apr 16, 2013 6:49:35 GMT 7
I have contacted welfare rights and the ombudsman,with complaints,and I have the sinking feeling they are bought and paid for by CENTRESTINK. Telling me the things I already know, have done or about to do,ie,lodge an appeal, blah blah ,SSAct etc,,ask other questions and get told we can't answer that,we are not allowed to comment on legislation blah blah blah, All these ORGANISATIONS are paper tigers,including the human rights commission, disability support,useless waste of taxpayers money,they all play to the tune of the government,all they do is refer you to each other, placing you on the eternal MERRYGOROUND to NOWHERE If I am wrong please show me cases verifying the fact. This is why I advise members to try & get C/L decisions in writing and also record phone conversations with them. Another thing you can do is have a hidden camera when you are being interviewed by C/L staff. Also get a copy of your file under the F.O.I....this way you can see exactly what they have been putting in your file.
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Post by fedup on Apr 16, 2013 7:52:45 GMT 7
I have all conversations recorded direct to my phone,have tried video with limited success ,made them sign RECIEPT of the 90 documents I laid on them last week and am still waiting on my freedom of information files. As well as my ARO review
I try to be one step ahead of these incompetent pen pushing robots,at all times,I now know why lawyers and so forth don't want a bar of these clowns,all their gobble de gook, ambiguous,doublespeak, lies and deception, is enough to drive a sane person insane.
The only good to come out of this ,is I now have experience at law and being a detective,sarcasm intended.
I applied for U/P in oct last and am still been jerked around
Need to be in a calm ENVIROMENT not dealing with all this BULLSHIT
Feel like popping someone
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Post by Banker on Apr 16, 2013 8:04:06 GMT 7
I have all conversations recorded direct to my phone,have tried video with limited success ,made them sign RECIEPT of the 90 documents I laid on them last week and am still waiting on my freedom of information files. As well as my ARO review I try to be one step ahead of these incompetent pen pushing robots,at all times,I now know why lawyers and so forth don't want a bar of these clowns,all their gobble de gook, ambiguous,doublespeak, lies and deception, is enough to drive a sane person insane. The only good to come out of this ,is I now have experience at law and being a detective,sarcasm intended. I applied for U/P in oct last and am still been jerked around Need to be in a calm ENVIROMENT not dealing with all this BULLSHIT Feel like popping someone We had a member on here called spaceyone. Look up some of her post and you can see the problems she had with C/L and their corruption.
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Post by howdo on Apr 16, 2013 12:46:32 GMT 7
Howdo likes this.
You do not have to be a current resident to qualify for Age pension,
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Post by fedup on Apr 16, 2013 13:44:02 GMT 7
@ how do I would triple check that, check again,have it confirmed if true and confirmed in writing on a government letter head
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Post by Banker on Apr 16, 2013 14:47:54 GMT 7
Howdo likes this. You do not have to be a current resident to qualify for Age pension, Also remember that was sent to me in 2010 and we all know how C/L move the goal post to suit themself.
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