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Post by Banker on Jan 6, 2012 5:09:17 GMT 7
One of our new members was sent this letter by C/L and he/she is a little confused about it all, So I will put it here for some of our experienced members to answer.
Quote from Centrelink, received 5/1/12
There are only very specific situations that enable a person to be paid a Disability Support Pension for longer than 13 weeks once they have left Australia and in fact from 1/1/2012 that is being limited further. It is not possible to list all the reasons and exceptions here but the information about who may be eligible to be paid their Disability Support Pension for longer than 13 weeks is available on the Centrelink Website and any individual who wishes to ask about an unusual or unforeseen situation and whether or not they may be eligible for an extension of the time in which they can be paid would need to contact International Services.
End Quote
It's the "in fact from 1/1/2012 that is being limited further" that worries me and why ON EARTH would they tell this to a person (whose diagnosis they must know), as it is highly likely to cause stress and further deterioration of my health. Why not state what these further limitations are? Thank you.
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Post by zorro1 on Jan 6, 2012 7:34:11 GMT 7
Sounds like they are referring to Residency.
is that a mass mail out or is the letter a reply to a particular question the OP has asked, if so what was the question?
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Post by Banker on Jan 6, 2012 7:55:13 GMT 7
Sounds like they are referring to Residency. is that a mass mail out or is the letter a reply to a particular question the OP has asked, if so what was the question? Im not sure zorro. Im hoping the member will come back & tell us now that they know how to put post on the forum, so we may have to wait.
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Post by rowdy on Jan 6, 2012 8:01:07 GMT 7
One of our new members was sent this letter by C/L and he/she is a little confused about it all, So I will put it here for some of our experienced members to answer.Quote from Centrelink, received 5/1/12 There are only very specific situations that enable a person to be paid a Disability Support Pension for longer than 13 weeks once they have left Australia and in fact from 1/1/2012 that is being limited further. It is not possible to list all the reasons and exceptions here but the information about who may be eligible to be paid their Disability Support Pension for longer than 13 weeks is available on the Centrelink Website and any individual who wishes to ask about an unusual or unforeseen situation and whether or not they may be eligible for an extension of the time in which they can be paid would need to contact International Services. End Quote It's the "in fact from 1/1/2012 that is being limited further" that worries me and why ON EARTH would they tell this to a person (whose diagnosis they must know), as it is highly likely to cause stress and further deterioration of my health. Why not state what these further limitations are? Thank you.
7.1.2.10 General Rules of Portabilitywww.facs.gov.au/guides_acts/ssg/ssguide-7/ssguide-7.1/ssguide-7.1.2/ssguide-7.1.2.10.htmlUpdated 03/01/2012 I find the following interesting:- Temporary versus permanent absenceA recipient is considered to be going temporarily overseas if the recipient permanently resides in Australia. In deciding whether or not a recipient is residing in Australia, consideration must be given to the nature of: accommodation, family relationships, employment, business or financial ties, as well as the FREQUENCY and DURATION of the recipient's travel outside Australia (section 7(2) and section 7(3)). Explanation: Recipients in receipt of payments that have a limited portability period who frequently travel overseas and return to Australia only to renew their portability period MAY NOT satisfy the qualifying residence criteria for the payment. My CommentThe Italic text above is Centrelink's interpretation. Note it says, frequent overseas travel and returning just to extend portability MAY not satisfy the residency requirements. Indeed. Centrelink still has to play by the rules, frequent overseas travel within the 13 week portability periods in itself may not result in one being deemed a non-resident. Of course it might, but it comes down to satisfying the residency requirements of the whole of section 7 of the SSAct.
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Post by StringsAttached on Jan 6, 2012 23:52:27 GMT 7
Hi. No, not about residency. I haven't got into that one yet but will when I got back to Oz, as I'll be homeless then, and Housing has different 'residency' definitions than other agencies.. Wonder if I put one of the advocacy agencies as my 'address' when I have to renew my drivers' license. Ha ha.
It was about the 13 week thing. I was unwell and unable to make my last trip to Oz so my pension will be cut in a week even though I have a letter from a doctor here saying it is unadvisable for me to travel.
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Post by Banjo on Jan 7, 2012 3:54:32 GMT 7
Good luck with that, keep us informed about their reaction to your doctor's letter please. Have you faxed it to them?
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Post by Banker on Jan 7, 2012 5:48:26 GMT 7
Also remember if C/L make a decision & your not happy with it, please appeal that decision.....It has been shown here several times by members appealing C/L decisions that the original decision that was made by some lackey in the office did not know his ass from his elbow and the decision has been over turned.
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Post by Banker on Jan 7, 2012 5:53:39 GMT 7
With that letter from the Doctor make sure you keep a copy of it, because C/L have been know to loose them or so they say. This applies to all documents you supply to C/L. If you have a Phone call with C/L always get a receipt number for the call and make a note of the time & date of the call.
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Post by zorro1 on Jan 7, 2012 8:50:50 GMT 7
" Not sure what you mean by overstayed mate. A couple of times I have remained o/seas in excess of 13 weeks, and C/link simply suspend payment on my DSP. They re-start it once I return" tried to research this but it took me straight back to DSPoverseas . Would be interesting to see what would happen if you got violently ill on the plane with a doctors letter. A case for compensation in the courts?
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Post by StringsAttached on Jan 18, 2012 14:54:20 GMT 7
C/L have acknowledged receipt of my doctors' letter advising against returning 'home' for a certain period of time.
Then they asked what my request was. I told them the answer to that question was in the subject line of my email (to international branch in Hobart).
My subject line was 'extention of portability period', I also added the section of the Act that defines the circumstances for an extention.
Today is 'cutoff' day and I haven't received notification of suspention via the online mail yet, but expect it tomorrow.
It will probably take C/L a long time to deal with this if they can't even read and understand the subject line. Amazing.
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Post by Banjo on Jan 18, 2012 16:20:51 GMT 7
This could be an interesting case which I'll follow closely. In the likely event Centrelink suspend your payments due to "overstaying" please keep us informed.
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Post by StringsAttached on Jan 18, 2012 17:10:53 GMT 7
It seems like I'm getting some help on this now from:
(name removed) Solicitor
Welfare Rights and Legal Centre
PO Box 337 Civic Square ACT 2608
T: (02) 6218 7923 | F: (02) 6257 4801 |
But I don't even think this solicitor has the right eggs in the right basket as they advised to tell Centrelink of my circumstances (I did this midway into the 13 weeks) and if the decision is unfavourable, then ask for a review ASAP.
Well, Centrelink advised me that I can't ask for a review until a decision is made and as I'm still in the queue called "13 weeks till suspension", that's not a decision, therefore not eligable for a review. It's a circumstance, not a 'decision'.
So, back to waiting for some written communication from C/L before the next move.
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Post by StringsAttached on Jan 24, 2012 22:29:49 GMT 7
Standard online letter received from C.L 'notification of suspension'.
No response from international branch who previously acknowledged my medical letter advising against travel back to Oz.
No response from WRLC.
Not well enough to deal with this as doing so has a high probability of setting my health back further.
PwD 'advocate' is doing Fc*k all including not responding via their 'complaint process' to the complaint I lodged.
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Post by Banjo on Jan 25, 2012 7:06:09 GMT 7
Unfortunately there is not a lot you can do personally other than ask for the decision to be reviewed. Are you able to talk to them on the phone and speak to the review officer personally?
There's a few strange things a foot at the moment, an Old Age Pensioner reported on ThaiVisa.com yesterday that Centrelink have threatened to substantially reduce his pension if he continues to travel overseas. I'm currently trying to contact him for more information.
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Post by Banker on Jan 25, 2012 8:08:24 GMT 7
Standard online letter received from C.L 'notification of suspension'. No response from international branch who previously acknowledged my medical letter advising against travel back to Oz. No response from WRLC. Not well enough to deal with this as doing so has a high probability of setting my health back further. PwD 'advocate' is doing Fc*k all including not responding via their 'complaint process' to the complaint I lodged. Mate if you contacted WR by email they will NOT respond, you must phone them to get any action.
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