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Post by chrisnouy on Jul 18, 2012 15:49:26 GMT 7
i had an interesting thought yesterday-- yes i know its unusual. I am considering my next move if my SSats appeal is overturned It occurred to me a) C/L recognise my overseas wife -- who has no rights to anything in australia b) they use this recoginition to cut my benfit to half the couples rate c when our child is born soon will they refuse to recognise him or will they do the right thing and pay child benefit it would appear to be totally contradictory to do one and not the other BUT
Any bets?
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Post by Denis-NFA on Jul 18, 2012 16:22:14 GMT 7
I bet they will not recognise if the child is born overseas.
Good luck with it all, mate.
Its no bloody fun, that's for sure.
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Post by Banjo on Jul 18, 2012 19:11:03 GMT 7
As soon as the child is born you must register him/her at the embassy and apply for a passport.... or do babies get put on your passport? Whatever, a simple DNA test will satisfy the embassy and shut Centrelink up.
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Post by chrisnouy on Jul 19, 2012 4:10:25 GMT 7
Thanks banjo You are an inspiration to us all Did i mention earlier that when i informed the lowlife at centelink that my wife was pregnant he asked " is it your baby" It took me 5 months of repeated phone calls and eventually a threat to contact the omsbudsman office before i forced them to apologise in writing. The offhand manner in which my complaint was treated left me deeply distrubed about the direction of Australian society The fact that they now refuse to accept doctors papers is breathtaking in its arrogance considering the esteem in which the medical profession is generally held world wide. Their assertion when quizzed at a personal level that "i am only following instructions and guidelines" just wont wash. I remind them that this was the defence offered at nuremberg war trials in 1950-- the defendants were all hung
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Post by Banjo on Jul 19, 2012 4:21:16 GMT 7
Indeed. It is part of the deep seated racism in many Australians that convinces them that any Asian woman who marries a Westerner must be a prostitute and her children could be anyone's. This country accepted thousands of war criminals responsible for the death of millions without a quibble after World War 2 and now we see the media whipping us into a frenzy over relatively few Middle Easterners and Asians driven from their homes by years of unending warfare.
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Post by latindancer on Jul 19, 2012 8:44:52 GMT 7
I think you will be eligible for the baby bonus at a reduced amount. Normally it is $5,000. As for child benefit, best to ask them and make sure some ill-informed newbie hasn't given you the wrong answer by asking someone else as well. And of course research it yourself.
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Post by chrisnouy on Jul 19, 2012 19:07:53 GMT 7
Hi latin dancer/banjo I have just received a form 'Entitlement Review' which i have to return within 28 days-- of ten days ago-- when it is dated They sent it to the wrong address -- which I specifically said was no longer my mail address when i last spoke to them. It looks like another attempt to shaft me and drags up where i have 'resided' since BIRTH I am 66 I contend i resided in England from birth till 1980 and then in Australia from 1980 till now. I have always maintained an australain address ,bank account and TFN since 1980 but have been out of the country working or holidaying on many occasions and often for periods of years They did once declare me a returning resident while i was on DSP and insisted i had to do two years residency to qualify for portability but it was overturned on appeal Does anybody have any info on this sort of crap I am reluctantly returning to Australai next week whence i will be separated from my wife-- I believe latin Dancer was in this situation so any advice is welcome How do they treat this separation-- as permanent and indefinate?
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Post by Banjo on Jul 19, 2012 19:38:24 GMT 7
You had the 2 year residency requirement for portability of the OAP overturned on appeal? That was well done indeed.
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Post by latindancer on Jul 19, 2012 20:56:51 GMT 7
Our situations are different, Chris. In my own, although I was bullied back, when I arrived I tried to find at least part-time work through a Job Network but was told that as I was not currently "resident in Australia", I was not eligible. So I phoned Centrelink and put pressure on them by pointing out the ridiculousness of the situation. I also clearly stated that I was staying in OZ. It took a while, and a couple of calls, but I was then deemed resident, and paid at the single rate. Even if you are returning to Thailand, I think you will be able to get the single rate whilst in Oz.
BTW, I am in Thailand now and getting the single rate as I am only visiting my wife for 3 months, then returning. I was in Oz for 5 months before that though.....
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Post by chrisnouy on Jul 19, 2012 21:49:47 GMT 7
Thanks dancer I am returning to aus on the grounds that i can no longer get a Thai pensioner visaand stay here semi pemanently due to cut in income thus i will only be able to visit my wife for short periods each year I have no real problems with residency in austrlia or portability as i am on age pension just that they cut it so i assume that if i periodically visit my wife they will not cut my pension during those visits?? assuming i get the single rate re-instated
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Post by chrisnouy on Jul 20, 2012 8:41:08 GMT 7
Hi banjo When i got my status as a returning resident overturned it was because i had always maintained A) australian bankaccount b) had money in Q super and all my assets in ausralia C) always maintained an australian address d) had family in Australia This allowed me to be considered an autralain resident under sec 7 (2) and (3) my work and trips overseas although extensive were treated as extended working holidays it was also used to calculate my AWLR I am worrreid they may now be seeking to reverse that decision and disqualify some of that time to cut my pension by reduced AWLR-- but I dont think they have a hope of proving I was 'resident' elsewhere I rang today bollocked them for sending the forms to the wrong address When I got through to review dept. they tried to tell me my address was updated yesterday! ( straight out lie as the girl i spoke to a few minutes earlier confirmed that they had my new address ) i was able to prove they were told of my c.o.a in may and again in june and got the review postponed pending the outcome of my SSATS hearing Writing everything down is the key-- they are just mendacious bastards
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Post by latindancer on Jul 20, 2012 10:46:19 GMT 7
Thanks dancer I am returning to aus on the grounds that i can no longer get a Thai pensioner visaand stay here semi pemanently due to cut in income thus i will only be able to visit my wife for short periods each year I have no real problems with residency in austrlia or portability as i am on age pension just that they cut it so i assume that if i periodically visit my wife they will not cut my pension during those visits?? assuming i get the single rate re-instated Yes Chris, You will definitely....EVENTUALLY...get the single rate upon your return. But you may well have to push for it. If at first you don't succeed....try a different person ! Just clearly and definitely state you are staying. You don't have to give reasons (the less info you give them is better), though it would help your case if you said you were going to apply for a partner visa for your wife and get her to come to Australia. Then when you return for visits, you should get the single rate, as it's only a temporary stay.
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Post by chrisnouy on Jul 20, 2012 11:21:46 GMT 7
Thanks Latin dancer When talking to CL I always maintain the line that I am ALWAYS resident in australia under sec 7 (2/3) and have JUST been out travelling I see a lot of the trouble for DSP people is residence On what grounds do centrelink declare somebody a non resident . How can they show that a person is a resident else where eg thailand it is almost impossible to get residence so they would have a job to suggest that someone was residing there permanently Or do they again ignore their own rules and just do whatever they like
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Post by chrisnouy on Jul 21, 2012 8:54:53 GMT 7
Thanks be to this forum yet again! Reading back posts I read about using a medicare card as proof of australian residence I had completely forgotton about this More ammuntion for fighting the good fight I am returning on wedneday next and expect a slug fest over my 'review' However if I am no longer out of australia they may not need to re-assess my Awlr? until I leave again Does OAP still have the 26 weeks grace before the awlr rules apply ? and can OAP do quick return and out again as was method on dsp before changes
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Post by Banjo on Jul 21, 2012 10:06:02 GMT 7
Keep in mind that Medicare have different criteria for residency than Centrelink though. I think you can be out of the country continuously for 5 years before they consider you a non-resident.
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