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Post by skeedary on Jul 29, 2012 7:39:40 GMT 7
I have just arrived back in Australia and needed to reinstate my DSP as i had an accident OS that did not allow travel. Phoned C/L and the benefit was reinstated immediately and they said that they would consider backpay if i provided medical evidence. The benefit had stopped for 2.5 months.
I am now eligible for the OAP in less than 3 months. I have been in and out of Aus for about 10 months returning each 13 weeks. So tomorrow i will go to C/L and enquire about the OAP. Interesting will be the OAP falls due within the next 13 weeks when i will be away again. I assume i can still go for another 13 weeks as it is my understanding that the 6 week rule starts on the 1/1/2013.
Hope my understanding of the above is correct and will advise of the outcome.
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Post by Banjo on Jul 29, 2012 12:13:57 GMT 7
Yes, please keep us informed on the outcome. You can leave for 13 weeks again before the new year with no problems, in fact if you leave ANY time before 1/1/13 you can still complete the 13 weeks, even if it runs into 2013.
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Post by skeedary on Aug 2, 2012 19:10:08 GMT 7
I have just arrived back in Australia and needed to reinstate my DSP as i had an accident OS that did not allow travel. Phoned C/L and the benefit was reinstated immediately and they said that they would consider backpay if i provided medical evidence. The benefit had stopped for 2.5 months. I am now eligible for the OAP in less than 3 months. I have been in and out of Aus for about 10 months returning each 13 weeks. So tomorrow i will go to C/L and enquire about the OAP. Interesting will be the OAP falls due within the next 13 weeks when i will be away again. I assume i can still go for another 13 weeks as it is my understanding that the 6 week rule starts on the 1/1/2013. Hope my understanding of the above is correct and will advise of the outcome. Was no problem having the DSP reinstated and so i called into a local C/L office to work on the OAP. Was told they cannot assist as the forms are computer generated and are mailed out and contact them if a set not received two weeks before the birthday. Asked for forms but told they were not available. Fly back to LOS tomorrow so called and advised travel details and was given a 13 week return date.
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Post by Banjo on Aug 2, 2012 19:14:51 GMT 7
Safe journey skeedary.
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Post by Banjo on Jul 16, 2013 10:23:39 GMT 7
I have a letter detailing the changes to my Age pension and other information when I leave the country that I'll pass on to anyone in a similar position.
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bill
Full Member
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Post by bill on Nov 25, 2013 15:13:13 GMT 7
I turn 65 in march i'm in the Philippines at the moment.if I don't change over to oap and stay on dsp will I have to come back every 6wks or automatically be 26 wks
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Post by Banjo on Nov 25, 2013 16:56:27 GMT 7
When you get back to Australia give notice of intent to apply for the Age pension. In theory you can do it at the Centrelink office but they fob you off and tell you to ring up the Age pension department. Then stay put until it's signed sealed and delivered.
If they ask you if you want to live overseas, say yes; if they say do you want to open a Philippine bank account and have your pension paid into it, that's up to you.
If they try any residency bullshit, saying you have to stay in Australia for 2 years before you get portability of the age pension, point out that if you were not a resident you would not be on the DSP.
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Post by jessemojo4 on Aug 27, 2015 6:21:20 GMT 7
Can anyone tell me if any fortunate DSP'er who won Indefinite portability and remained OS until OAP age, could they just remain on DSP for the rest of their life? Or Must they change over to OAP?
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Post by Banjo on Aug 27, 2015 6:56:15 GMT 7
I can't think of any members who have done this yet. Should the option to change to the OAP be available, and I cannot see why it would not, then I'd personally be inclined to go that way.
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Post by Denis-NFA on Aug 29, 2015 0:35:11 GMT 7
Can anyone tell me if any fortunate DSP'er who won Indefinite portability and remained OS until OAP age, could they just remain on DSP for the rest of their life? Or Must they change over to OAP? jessemojo4Although I couldn't point you to the relevant legislation nor the area in the Guide to Social Security Law that affirms this but it is my understanding that there is no requirement to transfer from DSP to OAP upon reaching relevant OAP age whether your living overseas with UP or resident in Australia. In fact if you are residing in Australia there could potentially be good reason to remain on DSP, and I am not 100% sure on this, OAP folk will know better than I. The hazy recollection for this is that some medical and other types of assistance (?) are only available if you are on DSP. I do not reach OAP age for another 4 years and 4 months and am hopeful that C/Link will just roll me into OAP because I certainly have no intention of returning to Australia to make application for OAP. I will just stay on DSP.
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Deleted
Deleted Member
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Post by Deleted on Aug 29, 2015 8:30:53 GMT 7
I live in OZ at the moment A friend is still on the DSP From what i gather its the same as the OAP He contacted Centrelink but did not have to transfer to OAP
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Post by blacktulipvampire on Aug 30, 2015 5:28:48 GMT 7
The only thing that comes to mind is the potential effect AWLR may have.
If your disability occurred in Australia, then UP for DSP is not affected by AWLR rules.
However, OAP is. So, if you have UP and less than 35 years working life residence at OAP age, and plan on a lot of time o/s then staying on DSP would make sense.
I think.
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Post by mulloway on Aug 30, 2015 6:28:23 GMT 7
Hi,
Blacktulipvampire indicates that people with Indefinite Portability of their DSP are NOT affected by AWLR rules. Can anyone else shed light on this ....
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Post by blacktulipvampire on Aug 30, 2015 6:52:17 GMT 7
Info from the SS guides. Bold and underline are mine
Note. Not all UP dsp is covered. ie those who were grandfathered many years ago etc don't get exemption. You MUST have become unable to work (or blind) whilst you were an Australian resident. guides.dss.gov.au/guide-social-security-law/7/2/2/107.2.2.10 Calculating Proportional Portability for Non-Agreement Pensions SummaryPayments that can be paid overseas indefinitely, i.e. Age, DSP (terminally ill and leaving Australia permanently or permanently and severely impaired with no future work capacity), WP 'entitled persons' (1.1.E.120) and WidB entitled persons, are paid at the non-proportional rate for the first 26 weeks of an absence. After the first 26 weeks the rate may become proportional - depending on the recipient's circumstances. The payments for the first 26 weeks MAY also include ancillary payments, such as RA, PhA or IA (6 weeks only for TAL and pension supplement), if the absence is temporary. Some recipients retain pre 20 September 2000 proportionalisation rules. This may mean other exemptions from proportional rate, 12 months for the non-proportional period, or possible use of the partner's AWLR, see 7.1.1.10 Overview of Portability Legislation. DSP recipients who are granted indefinite portability because they are terminally ill cannot receive ancillary payments. This is because their absence is permanent and they cease to be an Australian resident. Normal (non-proportional) income & asset tested rate A non-proportional rate is the rate generally payable in Australia to a qualified person. It is calculated after the relevant income and assets tests have been applied. The rate MAY include ancillary payments such as RA or PhA only if a recipient's absence is temporary. Policy reference: SS Guide 3.6.1.50 Payability of DSP, 3.6.2.20 Manifest Grants & Rejections for DSP, 7.1.2.20 Portability Table Proportional rate When a recipient, with unlimited portability, stays overseas for more than 26 weeks and has less than 420 months (35 years) of AWLR (1.1.A.340), the person is generally paid at a 'proportion' of the normal rate or at a proportional rate. The proportional rate is calculated using the proportional portability (1.1.P.310) provisions of the SSAct, unless the recipient is specially exempted (see below).[/u] Some international social security agreements (1.1.A.120), allow concessions for foreign incomes. One of these concessions is that if the person's rate is proportionalised, then any foreign pension that would be covered by an agreement is also proportionalised before being added into the income test. For couples, all affected foreign pensions received by either partner are added together, with half of the total income then being allocated to each partner and the appropriate AWLR rules being used for that partner. In all these cases (single and partnered) the rate can never exceed the rate that would be payable if the person had 420 months AWLR (for agreement pensions granted outside Australia before 1 July 2014 this will generally be 300 months AWLR.) This limit did not apply before 1 August 2000. Exemptions from the proportional rate
If a person has AWLR of 420 months or more, the normal income and asset-tested rate can be paid overseas. RA, however, would still cease after 26 weeks (6 weeks only for TAL and maximum pension supplement) of a temporary absence, or on departure if the absence was permanent. The pension supplement basic amount (former GST supplement) can be paid overseas indefinitely. The following income support recipients, with indefinite portability, are exempt from the proportional rate. These are: terminally ill DSP recipients who are severely disabled, who qualified for DSP because they became unable to work or permanently blind whilst they were an Australia resident, and permanently and severely impaired DSP recipients with no future work capacity who qualified for DSP because they became unable to work or permanently blind whilst they were an Australian resident, and entitled WidB pensioners whose partner died while both members of the couple were Australian residents, and who were overseas immediately before 20 Sept 2000 and have not returned to Australia for more than 26 weeks, and all pensioners granted before 2 July 1986 (proportional portability only came in on 1 July 1986), who were overseas immediately before 20 Sept 2000 and have not returned to Australia for more than 26 weeks. Act reference: SSAct section 1221(2) Proportionality - WP and WidB rate for entitled persons, section 1220B(2) Proportionality - DSP rate for a severely disabled person
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Post by Banjo on Aug 30, 2015 7:45:55 GMT 7
So the point being that Disability Pensioners with portability are only affected by AWLR if their disability occurred in another country.
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