DSP and partner Questions!

[hansel75]

Hi! Would like to ask some questions about my situation.

I am on the DSP and have also done some casual work for the past 3 1/2yrs, in which i declare and get a reduced DSP payment because of my earnings.

Recently my finance came to Australia on a 3 month visitor visa, after 2months we got married and have just lodged a partner visa application.

I notified centrelink about the changes that were now married and she now lives with me, and they said they needed to do a partner assessment in which we have just done.

Despite my wife having no income or assets(she is still on visitor visa for another month before her bridging visa A activates), they have reduced my DSP payment to the couples rate, effective immediately, mostly because i am working and they think i have more then enough money to cover basic living expenses.

Is this correct in what centrelink has done?
It seems a little unfair to me, i could understand them putting me onto couples rate if my wife had work and an income, but she has nothing at the moment and is not entitled to work just yet.

Also once my wife's bridging visa A starts after her visitor visa expires, is she entitled to get a tax file number and work?

And if she does work, could my DSp be reduced any further? Meaning would i need to declare my wife's earnings each fortnight to centrelink on top of declaring my own earnings each fortnight, further reducing my DSP payment?

I am unsure how a partners potential work income could affect my DSP any further, and if we have to do a combined earning report each fortnight.

Or is it that because i am now on a couples DSP rate already, any work my wife might do in the future won't affect my DSP any further?

Thanks.

[tasjo]

Hansel75... I'm not sure what its called but I believe there is a form you can apply to be paid single rate due to your wife being reliant on you for support... I'll see if I can find it. I dont know much about it other than I believe it exists

In relation to partnered rates, yes - income from either of you does affect your payment rate (and hers if she is receiving one)... the allowable income is higher for a couple but after it is exceeded the reduction affects both of you. How much it affects each payment varies - newstart gets the biggest hit, DSP and carers less.

As an example, a couple where one is earning $300 a week reduces DSP by approx $100 a fortnight, but reduces Newstart by more. If your partner receives carers payment and not newstart, it reduces by about $100 a fortnight as well.

[hansel75]

May 10, 2018 14:38:02 GMT 7 tasjo said:

Hansel75... I'm not sure what its called but I believe there is a form you can apply to be paid single rate due to your wife being reliant on you for support... I'll see if I can find it. I dont know much about it other than I believe it exists

In relation to partnered rates, yes - income from either of you does affect your payment rate (and hers if she is receiving one)... the allowable income is higher for a couple but after it is exceeded the reduction affects both of you. How much it affects each payment varies - newstart gets the biggest hit, DSP and carers less.

As an example, a couple where one is earning $300 a week reduces DSP by approx $100 a fortnight, but reduces Newstart by more. If your partner receives carers payment and not newstart, it reduces by about $100 a fortnight as well.

Hi, thanks for that. The assessment they did was in regards to section 24, single rate of pay for someone in a couple.
I think that is what your referring to, but they decided were not eligible for it even though my wife has no income or assets and is unable to work yet, the main reason for there decision was because i am also working(in which i declare).

So in regards to my wife potentially working later on, does anyone know what the allowable income is for both of us, before it affects my DSP payment.
At the moment with my work, i can earn $150 a fortnight, with each dollar i earn after that they take 50c from my DSP!
And how would we report our incomes if we both worked, would i report mine and also my wife's income on my own centrelink report income page?

[krystal]

It can get confusing with a lot of ins and outs. I would suggest giving the DSP line a ring and see how the different situations should affect your DSP payment.

You can read this:

www.humanservices.gov.au/individuals/enablers/income-test-pensions

There is stuff on their that includes how much a couple can earn (I think it's $300.00 a fortnight before the 50c per dollar comes in) and how much you can earn as a couple before your DSP payment is not paid at all.

[tasjo]

May 10, 2018 14:55:07 GMT 7 hansel75 said:

May 10, 2018 14:38:02 GMT 7 tasjo said:

Hansel75... I'm not sure what its called but I believe there is a form you can apply to be paid single rate due to your wife being reliant on you for support... I'll see if I can find it. I dont know much about it other than I believe it exists

In relation to partnered rates, yes - income from either of you does affect your payment rate (and hers if she is receiving one)... the allowable income is higher for a couple but after it is exceeded the reduction affects both of you. How much it affects each payment varies - newstart gets the biggest hit, DSP and carers less.

As an example, a couple where one is earning $300 a week reduces DSP by approx $100 a fortnight, but reduces Newstart by more. If your partner receives carers payment and not newstart, it reduces by about $100 a fortnight as well.

Hi, thanks for that. The assessment they did was in regards to section 24, single rate of pay for someone in a couple.
I think that is what your referring to, but they decided were not eligible for it even though my wife has no income or assets and is unable to work yet, the main reason for there decision was because i am also working(in which i declare).

So in regards to my wife potentially working later on, does anyone know what the allowable income is for both of us, before it affects my DSP payment.
At the moment with my work, i can earn $150 a fortnight, with each dollar i earn after that they take 50c from my DSP!
And how would we report our incomes if we both worked, would i report mine and also my wife's income on my own centrelink report income page?

$150 a fortnight you wont lose any DSP... if later on she is on newstart its a different calculation.
From memory when I was on NS and partner was on carers he received approx $300 a fortnight more than I did. Centrelink take money from Newstart first to leave you with the max possible.

[hansel75]

Thanks everyone, think i need to contact DSP/Centrelink about a few things.

The thing is they have already put me onto the couples rate today, i now get reduced couples DSP payment despite my wife not being able to earn an income yet.

I just checked my centrelink online page and they list both me and my wife on there now, and under the report page my wife is listed there also, so there definitely treating us as a couple.

I just wonder, if a couple is allowed to earn more per fortnight with any work they do(seems to be $300 for couples compared to $168 for singles like i previously was), and because were now considered a couple with my reduced DSP payment etc.
Do we both have to be working to be able to earn up to $300 a fortnight without the DSP payment being affected, does that highers report rate only apply if my wife started working at a later time, as i am the only one working at the moment, does the higher income allowance of $300 still take effect now that CL has changed me over to reduced couples rate?

Again i think i will need to talk to them about it, but any help is is much appreciated.

[Banjo]

2.2.5.50 Discretion to Treat a Person as Not Being a Member of a Couple for a Special Reason

Summary

SSAct section 24 enables a delegate to decide that there is a 'special reason' NOT to treat a person as a member of a couple (1.1.M.120). This is a discretionary area of law and only applies in limited situations.

A person is a member of a couple under the SSAct if they are living with another person as their partner, where both people are over the age of consent (applicable to the relevant state or territory), are living together on a permanent or indefinite basis, are not in a prohibited relationship (subsections 4(12) and 4(13)), and are either:

legally married, OR
in a registered relationship (2.2.5.13), OR
in a de facto relationship (2.2.5.10).

In situations where the 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 test 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.

guides.dss.gov.au/guide-social-security-law/2/2/5/50

[Banjo]

The key word there is discretion, they will or they wont.

Welfare Rights?

[hansel75]

Thanks Banjo. I am aware of section 24, that was what our assessment was for.

But they decided we weren't eligible for it, which was disappointing considering my wife can't work and does not have any form of income, she has no real assets or money either, and is still on a visitor visa for another month before her bridging visa activates.

At first they said i was eligible, then once they looked into it more, they said because i am working on top of the DSP, and after they assessed my living expenses, they decided against it and put me onto the reduced couples rate.

[latindancer]

May 10, 2018 14:15:48 GMT 7 hansel75 said:

And if she does work, could my DSp be reduced any further? Meaning would i need to declare my wife's earnings each fortnight to centrelink on top of declaring my own earnings each fortnight, further reducing my DSP payment?

I am unsure how a partners potential work income could affect my DSP any further, and if we have to do a combined earning report each fortnight.

Or is it that because i am now on a couples DSP rate already, any work my wife might do in the future won't affect my DSP any further?

Thanks.

I am living this problem right now. My wife's earnings reduce my payment enormously. The problem is that although I have had to cease part-time work, she does not give me any money to compensate me for that lost income. So I am hemorrhaging money from my savings.

If your wife works in the future, your Centrelink payment will definitely be reduced. And yes....you will have to declare her earnings every fortnight.
I can state this definitively.

At the moment you may be able to apply for an exemption to section 24. Definitely give it a go.....again. It's easy enough. But make sure you remind them a few times that your wife is financially reliant on you for everything and that no sharing of expenses is possible......and that this is apparently the logic behind the reduction. Really rub their noses in that point....some bureaucrats really are stubborn and thick.

However it did not work for me. I worked part-time and had my DSP reduced to the married rate, though my wife had nothing and did not work for 2 years after arriving here..

The reasoning behind the reduced payment of a married person is that couples can share certain expenses....rent, food, utilities etc. But that should not apply if she has nothing. Perhaps Centrelink think that your wife has savings and that she is paying rent and food with this money and therefore reducing your own living expenses ?

However certain half-blind bureaucrats seem to just take money from people without regard to their actual circumstances....they enforce the rules to the letter.

[tasjo]

When was the decision on section 24 made?
Is it the same as any other centrelink decision and can be reviewed and appealed? I would do this in addition to reapplying and maybe see if a disability advocacy would assist to write up and attend any appeals with you?

As latindancer said, any income either of you earn over the appropriate threshold will reduce your DSP... the threshold is for family income and so reduces whatever welfare payments either of you receive.

However, it is still financially beneficial to have an earned income... for example... earning $600 a fortnught reduces my DSP by approx $100 a fortnight and I get full rate FTB for my daughter due to being on a pension. My husbands payment is also reduced by approx $100 a fortnight but we are still $400 a fortnight ahead than if we had no earned income.

[Denis-NFA]

May 10, 2018 17:08:07 GMT 7 hansel75 said:

Thanks Banjo. I am aware of section 24, that was what our assessment was for.

But they decided we weren't eligible for it, which was disappointing considering my wife can't work and does not have any form of income, she has no real assets or money either, and is still on a visitor visa for another month before her bridging visa activates.

At first they said i was eligible, then once they looked into it more, they said because i am working on top of the DSP, and after they assessed my living expenses, they decided against it and put me onto the reduced couples rate.

hansel75

If I have understood you correctly C/Link first allowed section 24 and then thought about it, someone higher up reviewed it, and decided to disallow the section 24 grant.

I would follow tasjo's advice and appeal the decision immediately because it seems they are wanting you to take this to AAT and it has nothing to do with how much you might earn.

Hang in and never give up.

[tasjo]

Hansel75 - I have had a read through the document linked for section 24 and from what you have described I would definitely appeal... even the examples used are very similar...
You would need to highlight the financial impact of supporting your wife with less income than you would have on PPS. As your wife does not qualify for a payment it 'should' be granted but subject to regular reviews.

[latindancer]

^ Regular reviews are definitely appropriiate. If they deny you again, you need to ask them what they intend to do if your income fluctuates from a few hundred down to nothing.

Do your work hours fluctuate ?
Fortnightly reports of your income to Centrelink will adjust your payment according to what you earn, but what will happen about the other issue....the fact that you are on a married payment ?
It is not practical for them to take you off that if your work disappears for a while, and then put you back when you get more work. You need to point this out to them....preferably when you apply for a Section 24 exemption, rather than later.