Residency for OAP

[happyjack]

Hi,

I keep looking at ways to spend more time in Thailand with my Thai wife without affecting my Australian residency for OAP eligibility when I turn 66.5 years.

I turn 62 tomorrow and currently live and travel around Australia with my Thai wife in my own caravan. I am in receipt of DSP and up until now we have lived 11 months in Oz and 28 days in Thailand. We want to share our time between both countries. I understand I will only get paid DSP for 4 weeks each year and receive nothing for the other 5 months we are in Thailand.

Have made some inquiries with Centrelink and as I understand it as long as I maintain a residence (the caravan) and spend more time in Australia than Thailand I will not lose my residency status and quality for OAP when I turn 66.5 years. I presume this means I can spend 183 days in Australia and 182 in Thailand.

Can Banjo or anyone confirm that I have my understanding of this is correct please. We would like to do 3 months Oz, 3 months Thai and so on until I am eligible for the OAP.

Thank you

Happy Jack

[Deleted]

G'day @happyjack That seems to be the consensus among members at the moment. Twenty-eight days paid then up to Thirteen weeks away suspended before being cancelled.

If I'm understanding what other members are doing correctly, some are in fact taking extra unpaid trips up to thirteen weeks and not incurring Centrelink's wrath.

And although not it their DNA, it would seem logical, if you spend more time in Oz than overseas, residency would be maintained. Personal opinion; one day may be cutting it fine; but if you have a record of that being the case, enjoy your time away.

Members with personal experiences for this Scenario, please share! Cheers bear

[Banjo]

I think that if you if you have your overseas time as high as around 50% they will start looking at residency, as in where they think you actually live.
This applies to the DSP also, if you do not have Unlimited Portability it is still a residency based pension, if they think you are living overseas you will lose that and have to reapply.

[onemore]

There is no such thing as a dumb question, so here goes:-

Would the time counted be in a calendar year, or financial year?

[nomadic]

calendar year i believe.

[nomadic]

happyjack, why 66.5 and not 65 if you are on DSP? Why not apply for UP now unless you are worried about being reviewed if you have been on DSP without a review since before 2012.

[happyjack]

May 6, 2018 5:44:38 GMT 7 bear said:

G'day @happyjack That seems to be the consensus among members at the moment. Twenty-eight days paid then up to Thirteen weeks away suspended before being cancelled.

If I'm understanding what other members are doing correctly, some are in fact taking extra unpaid trips up to thirteen weeks and not incurring Centrelink's wrath.

And although not it their DNA, it would seem logical, if you spend more time in Oz than overseas, residency would be maintained. Personal opinion; one day may be cutting it fine; but if you have a record of that being the case, enjoy your time away.

Members with personal experiences for this Scenario, please share! Cheers bear

Thanks for your prompt response bear. Yes I got paid my 28 days om July and am booked to go to Thailand on

[Banjo]

May 6, 2018 7:16:06 GMT 7 onemore said:

There is no such thing as a dumb question, so here goes:-

Would the time counted be in a calendar year, or financial year?

You can leave again one year after your return date.
It's not calendar, that would mean that you could have 4 weeks in December 2018 and 4 weeks in January 2019.

[Deleted]

www.humanservices.gov.au/individuals/enablers/disability-support-pension-if-you-travel-outside-australia

[nomadic]

ok a dumb answer then, again corrected by you know who. i knew what it was in my mind but didn't say it that way.

[tasjo]

May 6, 2018 9:40:38 GMT 7 Banjo said:

May 6, 2018 7:16:06 GMT 7 onemore said:

There is no such thing as a dumb question, so here goes:-

Would the time counted be in a calendar year, or financial year?

You can leave again one year after your return date.
It's not calendar, that would mean that you could have 4 weeks in December 2018 and 4 weeks in January 2019.

So... we went away in Oct last year for 10 days, going in early June this yr for 12 days... if we wait until late June next year does that mean we can stay 8 weeks as long as we dont go away again until Sept 2020 (without UP)

[Banjo]

I can't see any way that the portability period can be accumulative, if you miss a year you lose it.

[Deleted]

May 6, 2018 7:56:54 GMT 7 nomadic said:

calendar year i believe.

OK; we're off topic re Residency for OAP. But to explain the 28 travel again, here goes! I am under the distinct impression it's Calendar Year. For the past three years I have left on the same date for twenty-eight days. So therefore it resets on your leave date not return.

If you wish to spread it out I'm fairly certain it goes like this, though without confirmation from inteInternati Services, it's all conjecture.

Leave January 1st for one week, leave April 1st for one week, leave July 1st for one week, leave October 1st for one week; then on 1st January it resets, and you can go away for Twenty-eight days in the new Calendar Year in whatever combination you choose.

Cheers bear

[happyjack]

Thank you everyone for your prompt responses.

Normally I go to Thailand on the same date every year for 28 days on July 12 and get fully paid for that. This year I decided to go for Songkran in the village and to allow my wife to spend more time with her family, realising that my DSP would be suspended until returning before the maximum allowable absence of 13 weeks. We are in fact staying for 10 weeks.

I had already booked flights for the normal 28 day trip on July 12.

I suffer very badly from anxiety and depression but am not sure if I would qualify under the latest 20 point requirement for UP, indeed the stress of going through the process would take a toll on my health. One of the reasons for spending more time overseas is that I have been going through a number of issues that have a detrimental affect on my health and my lovely wife is always very understanding and helpful with my condition. The extra time in Thailand was more of a reward for her having to cope with my anxieties.

I rang International Services before taking this trip and after speaking with the officer understand that I could go for 13 weeks and the DSP would be reinstated as long as I was back within the 91 day allowable limit. Owning and residing in a caravan counts as maintaining a residence in Australia, so I am OK there, the only point of contention now is how long during the year is acceptable. I was left with the impression that as long as my period of residence was on more on the side of living in Australia I would be OK but I didn't specifically ask about the 183 home and 182 away but I agree with Banjo that this sort of time overseas may draw unwarranted attention. The officer was helpful though and did stress more than once not to stay away beyond the 13 week (91) limit or my DSP would be cancelled and I would have to reapply. I have been on DSP since January 2005. I did ask for her name and obtained a receipt number for a record of our conversation.

We go back to Australia on May 15 and I will make another call to international services and see if I can get a time period allowable overseas that is acceptable and won't draw unnecessary attention to my situation. I suspect it may be difficult to get Centrelink to give me a precise amount of time annually.

Thank you all for your contributions to my query.


kind regards,


happyjack

[Banjo]

You've done everything that you can do Jack, I constantly point out to people the importance of being in touch with Centrelink International Services when traveling or planning to travel, especially if they have portability restrictions to observe.