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Post by Banjo on Mar 4, 2018 18:49:36 GMT 7
The ARO is not there to comment on the legislation, indeed the AAT will most definitely not overrule the legislation. I think that you could say the ARO is there to observe correct procedure, the AAT to see that the Act is interpreted correctly.
Only the High court can rule that the legislation is wrong.
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Post by zingzingzing on Mar 5, 2018 8:24:10 GMT 7
ZZZ, they might very well think your wife can find work and her family can/will help her and you out but; can they prove it. I suggest not; and as such they are illegally denying you and your wife your rightful entitlements. I'll have a look around over the next few days and anyone receiving single payment under Section 24, please chime in! Cheers bear Thanks guys Here is another update. My mother got a phone call from someone at Centrelink International (Department of Human Services International Compensation Services). Said to do another Section 24 Application, so I just updated some information. Meanwhile, they overpaid me apparently in between October and November ($640 odd dollars), but we were told that our pension was restored and to the original amounts. Fxcking ridiculous..
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Post by zingzingzing on Mar 5, 2018 8:35:29 GMT 7
The ARO is not there to comment on the legislation, indeed the AAT will most definitely not overrule the legislation. I think that you could say the ARO is there to observe correct procedure, the AAT to see that the Act is interpreted correctly. Only the High court can rule that the legislation is wrong. Actually that is what they (ARO) are actually doing... Using the legislation to help back up their claims. Page 1 states that: Section 4(2) of the social security Act 1991, which says that a person is a member of a couple if they are legally married or in a relationship with another person and they not living separately or apart from each other on a permanent or indefinite bases. Section 24 of the act explains that in situations where department considers that there is a special reason in the particular instance, and it would be unfair to administer the rate of payment, or income and assets tests provisions that apply to couples, the Secretary can determine, under the provisions of section 24, that the person should not be treated as a member of a couple for the purpose of this Act. Anyway, They claiming that we are couple, and not a couple, are we a couple? Even in Australia, we not deemed a couple LOL. They are using Section 4(2) of the law, but if you read the record, they keep changing our couple status.
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Post by Deleted on Mar 5, 2018 9:55:18 GMT 7
ZZZ, they might very well think your wife can find work and her family can/will help her and you out but; can they prove it. I suggest not; and as such they are illegally denying you and your wife your rightful entitlements. I'll have a look around over the next few days and anyone receiving single payment under Section 24, please chime in! Cheers bear Thanks guys Here is another update. My mother got a phone call from someone at Centrelink International (Department of Human Services International Compensation Services). Said to do another Section 24 Application, so I just updated some information. Meanwhile, they overpaid me apparently in between October and November ($640 odd dollars), but we were told that our pension was restored and to the original amounts. Fxcking ridiculous.. zingzingzing it looks like you are fairly well all over the legislation. We'll have to try to find out where the Secret Squirrel Squad is Located re Section 24 then. Because ARO's are a waste of time and if the Deputy Leader of the Liberal Party can pick and choose how she nominates her partner differently for different allowances under the Political Disclosure Regs., it must be just a matter of getting to the right person. www.google.com.au/amp/amp.abc.net.au/article/9497612
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Post by zingzingzing on Mar 5, 2018 10:00:00 GMT 7
Thanks guys Here is another update. My mother got a phone call from someone at Centrelink International (Department of Human Services International Compensation Services). Said to do another Section 24 Application, so I just updated some information. Meanwhile, they overpaid me apparently in between October and November ($640 odd dollars), but we were told that our pension was restored and to the original amounts. Fxcking ridiculous.. zingzingzing it looks like you are fairly well all over the legislation. We'll have to try to find out where the Secret Squirrel Squad is Located re Section 24 then. Because ARO's are a waste of time and if the Deputy Leader of the Liberal Party can pick and choose how she nominates her partner differently for different allowances under the Political Disclosure Regs., it must be just a matter of getting to the right person. www.google.com.au/amp/amp.abc.net.au/article/9497612Yeah.... And what logic they are using for their decision. To me, it seems they just delaying the decision using some sort of excuse/delay tactic.
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Post by Deleted on Mar 5, 2018 10:04:51 GMT 7
zingzingzing it looks like you are fairly well all over the legislation. We'll have to try to find out where the Secret Squirrel Squad is Located re Section 24 then. Because ARO's are a waste of time and if the Deputy Leader of the Liberal Party can pick and choose how she nominates her partner differently for different allowances under the Political Disclosure Regs., it must be just a matter of getting to the right person. www.google.com.au/amp/amp.abc.net.au/article/9497612 Yeah.... And what logic they are using for their decision. To me, it seems they just delaying the decision using some sort of excuse/delay tactic. There's no logic being used, just pure bastardry and/or utter incompetence! Cheers bear
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Post by krystal on Mar 5, 2018 19:51:54 GMT 7
ARO letters are meant to confuse you.
I don't know the details of your situation but here's what I think it said. -While you were in Australia and because of the visa your wife was on, you were deemed to be single.
-While you were in China as a couple, with family, you were deemed to be a married couple.
-Now you are back in Australia , you can claim being single again and depending on the state of you wife's visa, you may or may not be deemed single.
Basically they are saying, depending on your wife's visa, you can be deemed single while in Australia. If you leave for any substantial length of time, you will be deemed a couple.
So it all come down to 1) what country you were in and when and 2) what visa your wife is on while in Australia.
And yeah, a community legal centre would be the way to go. I'd take a list covering what I said above.
Good Luck !!
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Post by zingzingzing on Mar 6, 2018 20:34:39 GMT 7
ARO letters are meant to confuse you. I don't know the details of your situation but here's what I think it said. -While you were in Australia and because of the visa your wife was on, you were deemed to be single. -While you were in China as a couple, with family, you were deemed to be a married couple. -Now you are back in Australia , you can claim being single again and depending on the state of you wife's visa, you may or may not be deemed single. Basically they are saying, depending on your wife's visa, you can be deemed single while in Australia. If you leave for any substantial length of time, you will be deemed a couple. So it all come down to 1) what country you were in and when and 2) what visa your wife is on while in Australia. And yeah, a community legal centre would be the way to go. I'd take a list covering what I said above. Good Luck !! 1. They claim that the country we going to is cheaper, that is why they changed the pension rate (which is not correct). 2. They quote the section(4) 2 of the law that we are married couple. 3. We have family in both countries. 4. My wife visa is partner visa - this and the law means we are couple, at no given time we are or were separated at any given time, or for long period of time, as per stated rule of law and centrelink. The thing is, they changed the status of the relationship at any given time, even when you are in Australia. I never had anything like this under previous government, it's only this government that has been doing it. Just a FOI update, I am now getting Freedom of Information request, after they refused to do it last time. Does anyone know what "Complete Debt File" means ? when you are doing a FOI request?
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Post by Deleted on Mar 7, 2018 2:15:04 GMT 7
Having just done FOI zingzingzing if it was a file they offered when speaking with them, I suggest it is any past debts you may have had with them. e.g. When I was transferred from Job Search (back in the day) to DSP, I thought all of my Christmas' & Birthdays had come at once. Then so did an invoice, saying I owed them money. Which I promptly paid. Whether or not this was a levy to pay for the DSP application being approved, I would not know but, if everybody who was approved during Howard's campaign to improve unemployment figures paid $150.00, you do the math. Cheers bear
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Post by nomadic on Mar 7, 2018 9:04:50 GMT 7
hey zing. did someone really say to you that your rate had changed because you were in a cheaper country? Once again if you have proof of that then surely it is just another big fat lie. Of the fob off type that they often used with me. If so put in a complaint to human services if for no other reason than to annoy them. Demand the person is sacked. Ha Ha.
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Post by zingzingzing on Mar 7, 2018 9:58:14 GMT 7
hey zing. did someone really say to you that your rate had changed because you were in a cheaper country? Once again if you have proof of that then surely it is just another big fat lie. Of the fob off type that they often used with me. If so put in a complaint to human services if for no other reason than to annoy them. Demand the person is sacked. Ha Ha. Yes they have. "On 28th of November 2017 The Department decided to no longer treat you as a 'single' person under the Section 24 of the Act. As a result your Disability Support Pension was paid at the member of couple rate. The decision was made as a result of you living together in China. As your partner had returned home it was deemed that she was capable of employment or seeking support from family or other means." "You were able to purchase flights to China and arrange accommodation and pool your resources. As a a result to now assess you as a member of a couple was correct.". So they are admitting to discriminating against the disabled.
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Post by zingzingzing on Mar 7, 2018 10:17:41 GMT 7
And also by phone.
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Post by Deleted on Mar 7, 2018 11:40:50 GMT 7
hey zing. did someone really say to you that your rate had changed because you were in a cheaper country? Once again if you have proof of that then surely it is just another big fat lie. Of the fob off type that they often used with me. If so put in a complaint to human services if for no other reason than to annoy them. Demand the person is sacked. Ha Ha. Yes they have. "On 28th of November 2017 The Department decided to no longer treat you as a 'single' person under the Section 24 of the Act. As a result your Disability Support Pension was paid at the member of couple rate. The decision was made as a result of you living together in China. As your partner had returned home it was deemed that she was capable of employment or seeking support from family or other means." "You were able to purchase flights to China and arrange accommodation and pool your resources. As a a result to now assess you as a member of a couple was correct.". So they are admitting to discriminating against the disabled. They need to be reminded of this; if you were being paid under Section 24 in Australia, there was NO Pooling of Resources; Your Payment was the only Resource you had available; As a Couple! I can't say cheers this time around. So I'll get I'll get up on my hind legs, Bear.
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Post by zingzingzing on Mar 7, 2018 12:28:00 GMT 7
Yes they have. "On 28th of November 2017 The Department decided to no longer treat you as a 'single' person under the Section 24 of the Act. As a result your Disability Support Pension was paid at the member of couple rate. The decision was made as a result of you living together in China. As your partner had returned home it was deemed that she was capable of employment or seeking support from family or other means." "You were able to purchase flights to China and arrange accommodation and pool your resources. As a a result to now assess you as a member of a couple was correct.". So they are admitting to discriminating against the disabled. They need to be reminded of this; if you were being paid under Section 24 in Australia, there was NO Pooling of Resources; Your Payment was the only Resource you had available; As a Couple! I can't say cheers this time around. So I'll get I'll get up on my hind legs, Bear. Yeah I will be reminding them of this soon. I just made a complaint against the ARO officer. See how long they will reply. Oh also, they are still playing silly buggers with my FOI request, by continuing to say "we don't understand the request you made", twice. But it's the same request I MADE IN 2014! :/
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Post by zingzingzing on Mar 8, 2018 7:25:01 GMT 7
Update:
I have an AAT Appeal started
"The Department will send you and us a copy of documents relevant to your application for review within 28 days. These documents will be used at the hearing."
"We will write to you after we receive the documents from the Department to notify you of the day, time and place fixed for the hearing of the application. "
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