|
Post by htcerica on Aug 12, 2018 15:12:42 GMT 7
Hi everyone I'm looking for advice. My application for disability blind pension has been rejected and I'm now go for a review. I'm permanent legally blind and there is no trements and no cures for my disease which caused me blind. The rejected reason was non medical reason, it was simple as I didn't meet the residency requirements. I have been in Australia for 5 years and only grantd for permanent residence for one year. BUT before I apply, I did check their website to see if I'm eligible for disability pension. From the website it stated "How long you need to have been a resident To get Disability Support Pension you need to have been an Australian resident for at least 10 years in total. There must be no break in your residence for at least 5 of these years.
We may need more information to establish your Australian residence status. If we do, we’ll ask you to complete the Residence in Australia and other countries form.
What may be different The 10 year time frame doesn’t apply if you’re a refugee or former refugee. It also doesn’t apply if you became unable to work, or if you became permanently blind while you were:
an Australian resident, or a dependent child of an Australian resident and you then got your Australian resident status while a dependent child.
FROM THAT, I SEE " I don't need to meet 10 years time frame if I became permanently blind while I am an Australian resident"
No one wants to be legally blind, I was so sad for the rejection. I'm now waiting for the review decision and wondering how much my chance is to get a decision change??!! Thanks
|
|
|
Post by tasjo on Aug 12, 2018 17:05:29 GMT 7
If you became legally blind while an Australian resident it should be a case of demonstrating that to overturn the decision... My reading of the criteria is that you would only be exempt from the residency criteria if you became blind while an Australian resident.
|
|
|
Post by tasjo on Aug 12, 2018 17:06:59 GMT 7
It may also be that there is still some other criteria under the 10 yrs that you only find out about if you don't meet the 10 yrs.
|
|
Deleted
Deleted Member
Posts: 0
|
Post by Deleted on Aug 12, 2018 18:00:32 GMT 7
G'day htcerica welcome to the Forum. tasjo has covered your situation I think. The only other things I can think of is the decision maker made a mistake on interpretating your residency requirements and disregarded your first four years of non permanent residency thereby seeing you as only having had one year; instead of the required five years residency. The second thing is possibly because you had a pre existing disease that caused your blindness they don't consider it to fit the criteria. That is because even though your blindness occurred in Australia, the causation of it didn't. If you haven't already done so get a copy of your decision under Freedom of Information. It will outline the reasons for not granting your DSP for having a disability that automatically qualifies for a manifest grant. Blindness! All the best for your appeal, cheers bear.
|
|