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Post by happyjack on Nov 12, 2017 20:03:49 GMT 7
Hi to everyone, looking for some advice and comments please.
I am 61.5 yo and looking to move to live in Thailand in 12 months time with my Thai wife. My dilemma is what to do about my DSP which I have had since January 2005.
As I understand it I will receive 4 weeks DSP when I first leave and after being out of Australia for 13 weeks Centrelink will probably assess me as not being an Australian resident and cancel the DSP, forcing me to re-apply should I choose to return to live permanently which is unlikely but always remains a possibility. My wife has permanent residency of Australia and will be applying for citizenship in April next year.
I have been contemplating applying for Unlimited Portability for some time now, however, have been worried that I will have a fight to keep it under the current guidelines. I am sure the 20 points needed for my DSP to continue will be subject to much argument from Centrelink.
My thoughts are to apply for UP next year about 6 months before we leave, allowing time for the application to be considered. If the application is approved then presumably no worries. If they decline the application for UP, I was wondering about the appeals process and is there a way I could use the appeal process to prolong the DSP payments.
When we move to Thailand I will be 62.5 yo and as I understand it will be eligible for the OAP when I turn 66.5 yo. I have lived in Australia all my life and would like to know if I will automatically get the OAP at the eligible age or will having lived in Thailand for the last 4 years before eligibility have an effect on that? Also once you get the OAP can you receive it 52 weeks of the year whilst living overseas.
Looking forward to comments and advice.
kind regards.
hj
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Post by itsmylife08 on Nov 12, 2017 20:53:20 GMT 7
Hi happyjack Congrats mate on attaining the same age as yours truly My understanding is that what you say is partly correct.Yes, you will receive your DSP for 4 weeks, But if you stay away for 13 weeks or more it will be suspended until you return to Australia and inform them of your return. You state you have been on DSP since 2005, in this instance I would assume you have been assessed under the old rules and not the 2012 tables, which are more difficult. You also say that you have been contemplating applying for UP in 6 months time, personally, if I were you I'd be doing that right now as UP applications can take forever in some cases. The final part of your jigsaw is the trickiest, You will need to be present in Australia when you apply for OAP, as most welfare payments are residency-based, also your pension may not be portable for 2 years after that. My advice is that if you're granted UP and intend staying away for a number of years stay on it otherwise you could end up staying on the good prison ship Australia for an extra two years, that you hadn't bargained for.To the best of my knowledge, the benefits are the same for both. I'm sure you will get good advice from other people here also so you're in a good place. All the best Itsa
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Post by happyjack on Nov 12, 2017 21:58:05 GMT 7
Hi Itsa,
Thanks for your prompt response mate. Yes I was granted DSP under the old rules, that is why I have been so hesitant to apply. My medical condition is permanent but whether I can get the required 20 points under the new rules will be the contentious part.
The point you make about the 2 years for OAP portability is a good one and probably means we will have to return to Oz when I become eligible for the OAP. On the positive side I have a caravan so a 2 yo trip around the country wouldn't be such a bad way to go.
kind regards,
hj
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Post by nomadic on Nov 13, 2017 7:06:23 GMT 7
Can't add much to the above only to agree to apply for UP now. If your health situation is permanent then shouldn't be a problem. Diagnosed, stabilized and fully treated is how i recall the new harsher terms. So my guess is you should be fine at least in applying for UP. Getting it would solve all. Good luck.
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Post by Banjo on Nov 13, 2017 7:18:30 GMT 7
Your pension will be cancelled (not suspended) after the 13 weeks away without payment and you will need to reapply on return.
If you decide to leave anyway and are not in Australia for 4 years you will almost certainly not get portability of the Age pension when you return and apply. If you get portability of the Age pension you can live overseas indefinitely.
You need to discuss your disability with your doctor and get his opinion on the 20 points.
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Post by happyjack on Nov 13, 2017 8:16:57 GMT 7
Your pension will be cancelled (not suspended) after the 13 weeks away without payment and you will need to reapply on return. If you decide to leave anyway and are not in Australia for 4 years you will almost certainly not get portability of the Age pension when you return and apply. If you get portability of the Age pension you can live overseas indefinitely. You need to discuss your disability with your doctor and get his opinion on the 20 points. Thanks for that Banjo. If we decide to stay in Australia because of this will I be able to transfer my DSP to OAP when I am eligible at approx 66.5 years of age and secondly will the portability of OAP commence immediately I become eligible or will I have to stay in Australia for a period of time before the portability starts.
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Post by Banjo on Nov 13, 2017 8:47:18 GMT 7
That's what I did, I still managed to get in a lot of overseas time in those days though.
I qualified for the OAP when I turned 65 and left Australia the day after, not to return (and then briefly) for 4 years.
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Post by itsmylife08 on Nov 13, 2017 9:17:25 GMT 7
Just saying my BFF returned from the Philippines a few years ago and was granted DSP, upon reaching Pension age he was advised by Centrelink that he would be better off on OAP, needless to say, he changed over only to be told he couldn't leave again until he completed the required 2 years. This was after booking his flight back to the Philippines. So much for their advice!!! He died 1 year later. R.I.P
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Post by Deleted on Nov 13, 2017 10:04:49 GMT 7
A lot of People are not aware of the 2 year rule about the OAP
I spoke to a Aussie 2 weeks ago He said he is going to challenge Centrelink I said nothing as he will find out himself How much the system is stuffed up Especially with all that money in the coffers
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Post by Banjo on Nov 13, 2017 10:58:21 GMT 7
They need to challenge this, the "residency rule" regarding OAP portability is as dodgy as it was for DSP qualification.
The law needs to be changed so it clearly states what the residency obligations are in regard to time spent overseas prior to applying for the Age pension.
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Post by latindancer on Nov 13, 2017 11:51:24 GMT 7
Your pension will be cancelled (not suspended) after the 13 weeks away without payment and you will need to reapply on return. What ? Have things changed in the last few years for this part also ? It used to be that after 13 weeks overseas, your pension was suspended only. Then you could return home some time after that and it was reinstated by a phone call to Centrelink. It was only cancelled if you were away for quite some time (I forget how long). Or have you had a tiring day over there and gotten "suspended" and "cancelled" mixed up, Banjo ??
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Post by Banjo on Nov 13, 2017 12:47:48 GMT 7
No mate, it's cancelled and you have to reapply/reassessment. 17 weeks. DSP recipients, who remain outside Australia, on a temporary absence for more than four weeks, will have their payment suspended, unless they have applied for, and been granted, an extension to their portability period. DSP recipients who return to Australia within 13 weeks of their payment being suspended, may have their payment restored without the need for a new claim. However, they will not be entitled to be paid for any days they are absent in excess of four weeks in a 12-month period. Generally, payment will be cancelled if the DSP recipient remains overseas for more than 13 weeks after their payment has been suspended. www.dss.gov.au/sites/default/files/documents/10_2015/factsheet-on-dsp-portability_0.pdfRead more: dspoverseas.proboards.com/thread/3757/disability-support-pension-travelling-australia#ixzz4yHujci8Q
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