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Post by Banjo on Jan 3, 2018 12:07:47 GMT 7
This question was put to the office of Greens Senator Rachel Siewert just before Christmas. I have a complex question that has been ignored by the major party pollies when I've asked it, I may bring it up again.
Someone works, or just lives off of savings, overseas for years and becomes unemployed or runs out of money, he returns to Australia and applies for Unemployment.
Is there a waiting period before he qualifies?
I can't see one anywhere, so if he happens to be a year or so off the OAP will he still have the 2 year wait for portability, or does he get around this by ALREADY being on a residency based payment?Received today. Tricky one.
My understanding of it is that as long as the person returning to Australia was an Australian Citizen and they didn’t have any savings they would only be required to wait for the ordinary waiting period for their Newstart Payment.
My only hesitation is that there is the newly arrived residents waiting period of 104 weeks and it says you MAY have an exemption if you are an Australian Citizen, which implies there might be some circumstances where a person wouldn’t have an exemption but I can’t find further clarification on in which circumstances as an Australian Citizen this would apply.
The only other issue, that I think wouldn’t, but am not 100% sure about, is if there person overseas voluntarily quit their job (or lost it due to misconduct) they might be subject to the unemployment non-payment period: www.humanservices.gov.au/individuals/services/centrelink/newstart-allowance/when-youll-get-your-first-payment
My understanding is that is only applies to employment within Australia.Something else which was said that may be of interest to us all. I have asked someone in the parliamentary library to see if they can get greater clarity on the above. I can ask human services directly but they don’t like hypotheticals, so I probably won’t get an answer unless I have an individual to ask specific questions on their particular case.
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Post by Banjo on Jan 8, 2018 13:06:00 GMT 7
More from the Greens today.
Brief answer
· Waiting period for Newstart: A person who returns to Australia and applies for Newstart Allowance would not have to serve a two year Newly Arrived Resident's Waiting Period if they had previously resided in Australia for two years or more.
· Non-payment period for Newstart: An unemployment non-payment period of eight weeks can apply to Newstart claimants who are unemployed due to a voluntary act or misconduct. Neither the Act nor the department’s Guide to Social Security Law say that the non-payment period only applies if the person left a job in Australia.
· Age Pension residency requirements: Residency requirements rather than waiting periods apply to pension payments. The current qualification requirement for Age Pension and Disability Support Pension (DSP) is for at least ten continuous years of Australian residency, or for multiple periods exceeding ten years with at least one period of five years duration or more.
General—residence & access to income support
According to the Department of Social Services’ website the Age Pension and Disability Support Pension (DSP) are treated differently to payments such as Newstart Allowance:
Access to social security benefits is generally restricted to people who are Australian permanent residents or citizens residing permanently in Australia. While most income support payments have a two year waiting period, Age Pension and Disability Support Pension have a 10-year qualifying residence requirement. This 10 year qualifying residence requirement aims to ensure that only those people who have established a long term connection with Australia are able to access Age Pension and Disability Support Pension.
Newstart Allowance & the Newly Arrived Resident's Waiting Period
The two year (104 week) waiting period that applies to payments such as Newstart Allowance is the Newly Arrived Resident's Waiting Period (NARWP). Periods spent in Australia as an Australian resident, at any time in a person's life, can be counted towards the waiting period.
The NARWP is set out in section 623A(1) of the Social Security Act 1991:
(1) Subject to this section, a person who:
(a) has entered Australia; and
(b) has not been an Australian resident and in Australia for a period of, or periods totalling, 104 weeks;
is subject to a newly arrived resident’s waiting period.
Newstart—non-payment periods
Unemployment resulting from a voluntary act or misconduct is set out in section 42S of the Social Security Administration Act 1999. Neither the Act or the department’s Guide to Social Security Law says that the non-payment period only applies if the person left a job in Australia.
The non-payment period lasts eight weeks and starts on the day the person became unemployed. According to the Guide to Social Security Law, the Department of Human Services can end a person’s unemployment non-payment period if ‘serving the non-payment period would cause the person to be in severe financial hardship.’
The Age Pension and the Australian Working Life Residence requirement
As the library’s Michael Klapdor explains:
Residency requirements rather than waiting periods apply to pension payments. The current qualification requirement for Age Pension and Disability Support Pension (DSP) is for at least ten continuous years of Australian residency, or for multiple periods exceeding ten years with at least one period of five years duration or more.
The Australian working life residence (AWLR) requirements are explained in more detail in the Guide to Social Security Law.
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Post by Banjo on Jan 22, 2018 8:27:15 GMT 7
This is not my favorite source, it's full of self-opinionated "self funded" retirees but it shows how the OAP potability rules are being touted as fact and unchallengable. James is confused by Centrelink rules and wants to know if a second overseas trip will affect his Age Pension. Q. James I will try and keep this simple. I am confused as the Centrelink web info is not clear to me. I am 73-years-old and worked and lived in Australia all my life. When I turned 70, I went for a two and half year overseas holiday. In effect, I was overseas for two and half years. (January 2015 to August 2017) As soon as I returned I applied for the Australian Age Pension and was successful. I returned to Australia August 2017. My Age Pension was approved December 2017.
So, am I able to go on another overseas holiday early in 2018 for say 6 weeks? Or, can I in early in 2018 move permanently overseas? (Thailand)A. As you returned to Australia to claim an Age Pension, you are subject to the two-year residency rule which means that your Age Pension will be stopped if you leave Australia permanently.
In regards to taking a six-week holiday, you will need to clarify with Centrelink directly. While you are able to travel overseas temporarily during the two-year residency period, you will need to confirm that Centrelink does indeed consider your trip within the ‘rules’.
It would probably be useful for you to make an appointment to speak to a Centrelink Financial Information Services officer to outline the rules that apply to your specific circumstances.www.yourlifechoices.com.au/age-pension/pension-eligibility/can-i-travel-overseas?utm_medium=email&utm_campaign=volume%2018%20issue%2016%20daily%20enews%20monday%2022%20january&utm_content=volume%2018%20issue%2016%20daily%20enews%20monday%2022%20january+version+b+cid_27c9ea26f360b494aa16ab464cf52bad&utm_source=campaign%20monitor&utm_term=rules%20regarding%20travel#comment-571364
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Post by tasjo on Jan 22, 2018 8:47:27 GMT 7
I'm kind of confused... while its still a long way off for me I'd still like to understand it for when the time comes If on UP for DSP does the 2 yr residence requirement still stand for OAP? Or does it only apply if not on UP?
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Post by Deleted on Jan 22, 2018 11:54:14 GMT 7
I'm kind of confused... while its still a long way off for me I'd still like to understand it for when the time comes If on UP for DSP does the 2 yr residence requirement still stand for OAP? Or does it only apply if not on UP? I'm unsure tasjo but since it's a long way off who would know what changes may occur by then? But why would you bother? You would already be living there, the payments are the same, so why would you rock the boat? I'm only transferring for the portability! In poor ol' Jame's case above, it would appear he may actually have retired at fifty-five with a fat wallet, then went overseas and had whoopee for twenty years, with no thoughts about how long he might live. Then when he was broke, came back to get a hand out and got caught up by the rule changes. No sympathy from me i'm afraid. I see them as the ugly expats. As Banjo said; "Self-opinionated self funded retirees," who view the disabled as leeches and given half a chance; through not keeping your cards close to your chest; would do their utmost to get, you in strife with Centerlink. I know who the tak (leeches) are! Jame's story just doesn't stack up for poor ol' cynical me! Cheers bear
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Post by nomadic on Jan 22, 2018 12:10:43 GMT 7
As i understand it tasjo and i am never certain of most things but I believe if on DSP with UP you can transfer to OAP without having been in Australia for the previous 2 years. I think it is if you have been overseas prior to turning 65 but on no payments at all then you need the 2 years to get UP. But i'm even confusing myself as i type maybe. SO? Once again probably Guru banjo will assist better.
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Post by Deleted on Jan 22, 2018 13:10:50 GMT 7
I think it's got something to do with returning to claim. I also think somebody on here has posted they transferred while overseas. Note:- Thinking is different from Knowing! They appear to be somewhat cagey about this issue. "If you come back to live in Australia from another country and start getting Age Pension, your payment stops if you go overseas during the next 2 years." www.humanservices.gov.au/individuals/enablers/age-pension-if-you-travel-outside-australia#a1Portability of payments for former residenceThe fundamental tenets of the Australian social security system are residence and need. Because residence is a fundamental qualification criterion for Australian social security payments, former residents who return to Australia and subsequently claim Australian social security payments with indefinite portability, are required to stay in Australia for at least two years before their payment becomes portable. The policy rationale for this requirement is that indefinite portability is only available to Australian residents. The former resident rule prevents people who lose their connections with Australia to return to Australia just to obtain a pension and return overseas. www.dss.gov.au/about-the-department/international/policy/portability-of-australian-income-support-paymentsCan I claim the Age Pension if I live outside Australia?If you're planning to travel outside Australia, or live outside Australia, you need to be aware of special rules applicable to nomadic Age Pensioners. Age Pensioners located outside Australia can be divided into 4 main categories:- About Half Way Downwww.superguide.com.au/accessing-superannuation/apply-australian-age-pension#Can_I_claim_the_Age_Pension_if_I_live_outside_Australia
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Post by tasjo on Jan 22, 2018 13:23:54 GMT 7
Thanks guys... it will more than likely be more relevant for my partner as I can't seem to find anything about portability of Carers if OSeas with the care receiver who has UP.
I do agree with the premise of not returning just to qualify for an Aged Pension but was also wondering about those on UP and their residence requirements.
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Post by Banjo on Jan 22, 2018 15:08:47 GMT 7
My take is that if you are on DSP there's no question of not getting portability on the Age Pension as it's already residency based.
If you're on UP/DSP and living overseas then they will offer you conversion to the Age Pension without you having to return to Australia.
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Post by Denis-NFA on Jan 24, 2018 9:35:54 GMT 7
....If you're on UP/DSP and living overseas then they will offer you conversion to the Age Pension without you having to return to Australia. That is my understanding also Banjo
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