|
|
Post by eight on Aug 20, 2022 7:45:07 GMT 7
I've been on the OAP for 10 years and have a ongoing problem, OZ citizen with Permanent place of residency in OZ. I get the OAP but half is paid for by Australia the other half by NZ. Or am I collecting two half pensions, if so which set of rules do I follow as some rules are different in each country. eg, the amount you can earn.
The one that bugs me is while I would have no problem leaving OZ for more than 26 week, the NZ side keep sending me notices that if I do not return to Australia withing 26 weeks my NZ pension will stop and I may have to repay my pension. The latest e/mail says I cannot be paid the NZ pension if I live in a third country which does not have a reciprocal agreement with NZ. They mention Thailand for some unknown reason, which is NOT where I visit. To me all this amounts to threats and intimidation.
Without going to either of W+I or C/link where or who do I get to give me an official ruling on this.
|
|
|
|
Post by bear on Aug 20, 2022 8:07:00 GMT 7
Since you're not keen on getting a ruling from Centrelink eight and I'm unfamiliar with the term and have no clue what 'W+I' refers too, I suggest an administrative lawyer could be who you should consult regarding your particular social security agreement, for the best advice. Regarding living in a third country which doesn't have a SSA with NZ; I think Thailand is just being used as an example. Australia doesn't have one with Thailand either, but anyone living there receives their full OAP, pursuant to AWLR rules and they have no requirement to return to Oz every 26 weeks either; just a personal choice so that their AWLR resets to full pay for another 6 months if their reduced pension doesn't cut the mustard. If you don't have 35 years AWLR in Oz, that may impact the agreement as well, depending on your nationality; but honestly, SSA' s are well above my pay grade. Call that lawyer; cheers 🐻 |
|
|
|
Post by eight on Aug 20, 2022 12:38:22 GMT 7
Since you're not keen on getting a ruling from Centrelink eight and I'm unfamiliar with the term and have no clue what 'W+I' refers too, I suggest an administrative lawyer could be who you should consult regarding your particular social security agreement, for the best advice. Regarding living in a third country which doesn't have a SSA with NZ; I think Thailand is just being used as an example. Australia doesn't have one with Thailand either, but anyone living there receives their full OAP, pursuant to AWLR rules and they have no requirement to return to Oz every 26 weeks either; just a personal choice so that their AWLR resets to full pay for another 6 months if their reduced pension doesn't cut the mustard. If you don't have 35 years AWLR in Oz, that may impact the agreement as well, depending on your nationality; but honestly, SSA' s are well above my pay grade. Call that lawyer; cheers 🐻 W+I = Work and Income, Is that what they still call the NZ equivalent of C/link . The problem is,, Which Social Security Agreement do I fall under. I would assume the Australian one, as that is where I applied for the pension and where I live, if so why dose the NZ system rule over my pension, I cannot abide by both agreements as they differ in the rules. Where is the list of free lawyers ? |
|
|
|
Post by bear on Aug 20, 2022 15:40:54 GMT 7
Since you are an Australian citizen living in Australia on an Australian Aged Pension I'm not understanding how you've become caught up in the SSA with New Zealand. Did you go and live there for an extended time but have now returned to live in Australia permanently? If so I believe you will need to speak with Centrelink to re-establish residency here to be taken off the agreement. So the big question may be; in which country are you classed as a resident. Residency isn't determined just by living in a particular country. There are generally protocols that must be fulfilled to be classed as a resident where you live. Residency is also wrapped up in social security acts to determine eligibility for payments. Your information is too sketchy to offer advice. Sure, you may be an Australian citizen, but are you also a dual citizen because you are New Zealand born and therefore entitled to part pension from there? Perhaps this is why the New Zealand system 'rules over your pension'.
If you are an Australian citizen, have an Australian aged pension and live in Australia you don't fall under any SSA. Australia doesn't have a SSA with itself. We have one with NZ and they have one with us.
If you're an Australian aged pensioner who has moved to New Zealand you fall under Australia's SSA with New Zealand. Therefore, both countries arbitrate what your payments are, pay what's required and that's just how it is. Like it or not you are caught between the two systems. If you are a New Zealander who's moved to Australia you likely fall under the agreement which New Zealand has with Australia to arbitrate your payments in a similar way. Again; caught between two systems. Below is the agreement between New Zealand and Australia.
"The Agreement means that Australian and New Zealand residents who have lived, live or are going to live in either country may qualify for a benefit or pension from both countries. If they are paid, or apply for a benefit or pension they must apply for the equivalent benefit or pension from the other country."
Where are the free lawyers? Probably around where you live. I've had occasion to chase up legal advice in the past; legal aid or the law society in your state and the internet are the best places to have a look; or give welfare rights in your state a call.
All information below relates to Australia's social security agreement with New Zealand Note: The following information is provided as a guide only. People should contact the Department of Human Services - International Services on 131 673 for specific information relating to their circumstances. Here's an overview regarding SSA'swww.dss.gov.au/about-the-department/international/international-social-security-agreements/current-international-social-security-agreementsHere's our agreement with New Zealand |
|
|
|
Post by eight on Jan 29, 2024 11:46:02 GMT 7
Just an update ,, Started working in NZ at age 15, and after 33 years of working and paying taxes in NZ, then 28 years of living and working , but paying taxes in Australia for only 10 years , NZ stopped paying my age pension after 10 years of me living in OZ.. Australia now pays my total age pension and I no longer get threatning letters from NZ saying that my pension may be stopped and have to pay back some money.. WTF wrong with NZ. Is it so broke they have to stop paying pensioners. I now no longer call myself a kiwi.
|
|
