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Post by rowdy on Feb 27, 2012 9:16:02 GMT 7
i rang C/L today and lady on the other site wasnt quite sure about anything i ask for. except; my impairment rating(%35) my disability rating(severe) BUT working hours(8-14) DETERMINED by jca officer. does it make sense to anybody or am i the one the misinterpreted the whole thing? regards Indeed - that makes no sense at all. I called Centrelink last week. The person I spoke to said that in his 10 years at Centrelink I was the first person to ever inquire as to what their impairment rating was. He was happy to find out what it was and came back to me 10 minutes later. 30% impairment under one assessment level - severe impairment - work capacity 0 to 7 hours per week. |
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Post by rowdy on Feb 27, 2012 9:20:55 GMT 7
when i asked her how to be eligible for unlimited portability she said its very complex and gave me a brief info about the article below.its totally different from the basic portability rules and eligibilities we been talking about as average normal pensioners. DISABILITY SUPPORT PENSION - PORTABILITY CHANGES Who will be affected by this Budget measure? Existing DSP customers may be affected by this measure if they are dependent on a family member who is posted outside Australia for work temporarily. To be eligible, a DSP customer must be recognised by Centrelink as having a severe disability, be substantially dependent on a family member and be living with the family member during their absence from Australia. The family member of the DSP customer must be working in Australia for the same employer who has posted them outside Australia immediately before their period of absence. They must continue working for the same employer during their absence. The DSP customer must remain an Australian resident in order to remain qualified for DSP Who will not be affected by this Budget measure? DSP customers who do not meet the eligibility criteria will remain subject to existing portability rules. Description of the measure From 1 July 2011, people who are severely disabled and who are substantially dependent on a family member who has been posted outside Australia temporarily for work may be able to receive Disability Support Pension (DSP) outside Australia for the period of the family member’s posting. The customer must remain an Australian resident in order to remain qualified for DSP. This portability extension only applies for temporary absences from Australia. This measure will assist families with dependents who receive DSP. It will enable family members to accept employment postings outside Australia knowing that their dependent will be able to accompany them and continue to receive income support. It is expected that around 500 customers a year will enquire about this measure and around 20 customers a year are expected to be granted the extension. ALL that info relates to unlimited portability for DSP'S who have a carer who has work commitments outside of Australia (many of us know it here as the Hugh Borrowman deal). Eligibility is very complex. The issue for a lot of us here is unlimited portability for severely impaired DSP's, the amendment (section 1218AAA) currently before Parliament now. I doubt anyone you speak to at Centrelink will have the vaguest idea as to how the new changes will be implemented. |
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Post by Banjo on Feb 27, 2012 11:51:30 GMT 7
I'm currently in Australia for reasons unrelated to portability.
I spoke to Centrelink International today and pointed out that their website is telling people to make inquiries about the new legislation and he admitted it did but said that they knew nothing about it officially and had no choice but to enforce their new rule.
I asked what their response would be to my leaving the country again and he said they would consider the circumstances at the time and I indicated that would be no help to me if I had already paid for a flight.
So then he said that they would possibly be considering a 13 week absence over a 12 month period sufficient to maintain residency.
We discussed it further and I felt he was coming around to allowing me another trip this year without much of a fuss.
I have a contact number for him should I want to leave the country again.
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Post by immiadvice on Feb 27, 2012 12:21:31 GMT 7
I called Centrelink today to ask my impairment rating and was told that it is classified and I would need to request in in writing ie FOI request.
I'd recently done that anyway so no need. Interesting...
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Post by rowdy on Feb 27, 2012 12:32:25 GMT 7
I called Centrelink today to ask my impairment rating and was told that it is classified and I would need to request in in writing ie FOI request. I'd recently done that anyway so no need. Interesting... Hi Immiadvice, You must have got on to the wrong person who found it easier to palm you off than try and find the answer for you. I had no problem finding out last week and the person was very happy to help me. What is a severe impairmentFor those that don't know a severe impairment is minimum of 20 assessment points under the one assessment table. For example if you have 10 point under two different assessment tables totaling 20 points, you would qualify for the DSP (20 points) but you would not have a severe impairment rating. Section 94 of the SSAct actually gives a few examples: Example 1A person's impairment is of 30 points under the Impairment Tables, made up of 20 points under one Impairment Table and 10 points under another Impairment Table. The person has a severe impairment. Example 2A person's impairment is of 40 points under the Impairment Tables, made up of 20 points under one Impairment Table and 20 points under another Impairment Table. The person has a severe impairment. Example 3A person's impairment is of 20 points under the Impairment Tables, made up of 10 points each under 2 separate Impairment Tables. The person does not have a severe impairment. |
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Post by rowdy on Feb 27, 2012 12:40:31 GMT 7
I'm currently in Australia for reasons unrelated to portability. I spoke to Centrelink International today and pointed out that their website is telling people to make inquiries about the new legislation and he admitted it did but said that they knew nothing about it officially and had no choice but to enforce their new rule. I asked what their response would be to my leaving the country again and he said they would consider the circumstances at the time and I indicated that would be no help to me if I had already paid for a flight. So then he said that they would possibly be considering a 13 week absence over a 12 month period sufficient to maintain residency.We discussed it further and I felt he was coming around to allowing me another trip this year without much of a fuss. I have a contact number for him should I want to leave the country again. Where in the SSAct does it say that one x 13 week trip overseas is sufficient to maintain residency. Section 7(1) of the SSAct provides for the definition of residence. If I was told what you were, I would have directed the person at the other end of that phone to section 7 and its subsections. |
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Post by rowdy on Feb 27, 2012 12:44:01 GMT 7
I'm currently in Australia for reasons unrelated to portability. I spoke to Centrelink International today and pointed out that their website is telling people to make inquiries about the new legislation and he admitted it did but said that they knew nothing about it officially and had no choice but to enforce their new rule. I asked what their response would be to my leaving the country again and he said they would consider the circumstances at the time and I indicated that would be no help to me if I had already paid for a flight. So then he said that they would possibly be considering a 13 week absence over a 12 month period sufficient to maintain residency. We discussed it further and I felt he was coming around to allowing me another trip this year without much of a fuss. I have a contact number for him should I want to leave the country again. Hi Banjo, can you post the link to the website telling people to make inquiries. I cant seem to find it. Thanks Rowdy |
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Post by Banjo on Feb 27, 2012 13:43:56 GMT 7
I'm shocked you cannot find something on this forum rowdy, you must be a very bad searcher. The unthinkable alternative of course is that everything is poorly organised and all over the place like a mad woman's breakfast.  www.humanservices.gov.au/corporate/publications-and-resources/budget/measures/disability-and-illness/9888Budget 2011-12: Indefinite portability for permanently disabled Disability Support Pension recipients who have no work capacityDescription of the measure From 1 July 2012, people with a permanent disability who receive Disability Support Pension (DSP) and have no future work capacity and who wish to leave Australia to be with friends and family will remain payable outside Australia indefinitely. DSP customers who leave Australia and wish to remain payable under this new measure for more than 13 weeks will be required to have a new work capacity assessment before their departure. This measure acknowledges that DSP customers should be able to continue receiving income support outside Australia where there is no expectation of workforce participation. Currently, DSP is generally only payable for the first 13 weeks of a temporary absence from Australia. After 13 weeks, DSP is suspended and subsequently cancelled if the customer has not returned to Australia. This measure will provide health cost savings and ease the demand on nursing home places and aged care facilities in Australia. Questions and answers Who will be affected by this Budget measure? People who receive Disability Support Pension (DSP) and who have a permanent disability and who have no future work capacity will be affected if they wish to leave Australia for more than 13 weeks. To be eligible, a DSP customer must be assessed as having a permanent disability and also assessed as having no future work capacity. These assessments must be completed in Australia, prior to departure and may involve a medical review. Who will not be affected by this Budget measure? Any DSP customer not meeting the eligibility criteria will be unaffected and remain subject to existing portability rules. Is it a new measure that will affect existing Portfolio customers or people? If so, how will they be affected? Yes. Existing DSP customers who are assessed as having a permanent disability and no future work capacity will be payable overseas indefinitely. When will the changes be implemented? Answer: The measure is expected to commence from 1 July 2012. When will the changes end? Not applicable. How will I know if I am eligible for this Budget measure?
If you think you may be eligible, contact Centrelink and ask for advice. From 1 July 2012, Centrelink will assess your eligibility as part of a pre-departure interview and will advise you of your eligibility.Do I need to do anything? It is in your interest to notify Centrelink as early as possible of your travel plans. This will allow time for Centrelink to assess your entitlements, organise a work capacity assessment and any necessary medical reviews. The work capacity assessment, including any medical review, must be conducted in Australia before departure. If I am eligible for this Budget measure, will there be changes to my obligations or reporting requirements? Generally, normal DSP obligations and reporting requirements will remain unchanged. Customers who depart Australia will be required to update their contact details with Centrelink. If the Budget measure involves a payment, when/how will it be paid? The basic rate of DSP will not change under this measure. Some supplementary payments, such as Pension Supplement, will be affected if DSP customers remain outside Australia for more than 13 weeks. For extended periods outside Australia, the frequency of DSP payments will change from fortnightly to every four weeks. Payments will continue to be made directly to customers’ nominated bank account. What does ‘no work capacity’ mean? Eligibility criteria for meeting the ‘no work capacity’ test are yet to be defined. Centrelink will provide information once they become available. |
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Post by howdo on Feb 28, 2012 7:51:46 GMT 7
So, let me get this straight. A scenario, you have had an injury for twenty years and have not been able to work in that time. Over those twenty years your injury has gradually got worse. You have had numerous assessments and your doctors report states that he exspects your condition to either not improve or get worse.
Yet we are required to have another assessment of our injury? Am I missing something here or is this as ridiculous as it sounds.
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Post by Banker on Feb 28, 2012 7:58:56 GMT 7
So, let me get this straight. A scenario, you have had an injury for twenty years and have not been able to work in that time. Over those twenty years your injury has gradually got worse. You have had numerous assessments and your doctors report states that he exspects your condition to either not improve or get worse. Yet we are required to have another assessment of our injury? Am I missing something here or is this as ridiculous as it sounds. Your assessment is spot on. |
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Post by spaceyone on Feb 29, 2012 9:39:46 GMT 7
i rang C/L today and lady on the other site wasnt quite sure about anything i ask for. except; my impairment rating(%35) my disability rating(severe) BUT working hours(8-14) DETERMINED by jca officer. does it make sense to anybody or am i the one the misinterpreted the whole thing? regards Hi Wbmania It sounds like you have had a JCA interview then, at some stage in the past few years. They might have just said it was a normal review of your condition and payment, or some other general interview. If the 35 % impairment is actually points, then you have qualified by almost double the required amount. A rating of 20 points qualifies for DSP, so at 35, they have deemed your condition to be severe. Or it could be that your impairment equates to a loss of 35% of your movements. (I think it takes about 99% loss of movement to be excused from work these days - joke.) Most likely the above answer is correct. However, whoever did this JCA interview, has decided that you could work two days a week. That ruins your chances for unlimited portability, while the rating grants it. You have to have no ability to work, to be allowed to go o/s and stay there. We don't really get to argue a JCA as such. You can only appeal a payment decision based on it. So since you are on DSP, you have no grounds to fight the JCA assessment report. You would have to argue it, when arguing rights to portability. That since it is incorrect, you do still qualify based on your illness. That doesn't need to be stirred up at the moment though. I would leave it alone, until they reject you for anything based on it. If you really cannot think of a time you had a sit down interview about your health, in the past few years, then C/L have had JCA people go through the records of people overseas, who had never been rated for their work capacity, and just made something up based on existing case records. |
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Post by spaceyone on Feb 29, 2012 9:43:17 GMT 7
I called Centrelink today to ask my impairment rating and was told that it is classified and I would need to request in in writing ie FOI request. I'd recently done that anyway so no need. Interesting... JCA reports are available upon request by ourselves. However, if they have things to hide from you, they can deem any record to be classified, to protect themselves. If they advise that yours will not be made available, or will be censored, merely request a review of that decision, and they will have another 28 days to come up with a good reason for trying to keep it hidden. |
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Post by newtodsp on Feb 29, 2012 12:36:16 GMT 7
Hi All, Similar to WBMania, I have an impairement rating of 40% and according to Rowdy's criteria, it is a severe impairment but I have been assessed at being able to work 8-14 hours. Spaceyone, you mention we cannot argue with a JCA report, rather only payment decisions based on it, in the upcoming July changes re: forcing us to sign up to an employment agency (sorry, I know this is off thread topic), would I be able to use this to argue that I should not be made to sign up to an employment agency due to a severe impairment? I don't want to trigger a new JCA based on the new ratings though... i rang C/L today and lady on the other site wasnt quite sure about anything i ask for. except; my impairment rating(%35) my disability rating(severe) BUT working hours(8-14) DETERMINED by jca officer. does it make sense to anybody or am i the one the misinterpreted the whole thing? regards Hi Wbmania It sounds like you have had a JCA interview then, at some stage in the past few years. They might have just said it was a normal review of your condition and payment, or some other general interview. If the 35 % impairment is actually points, then you have qualified by almost double the required amount. A rating of 20 points qualifies for DSP, so at 35, they have deemed your condition to be severe. Or it could be that your impairment equates to a loss of 35% of your movements. (I think it takes about 99% loss of movement to be excused from work these days - joke.) Most likely the above answer is correct. However, whoever did this JCA interview, has decided that you could work two days a week. That ruins your chances for unlimited portability, while the rating grants it. You have to have no ability to work, to be allowed to go o/s and stay there. We don't really get to argue a JCA as such. You can only appeal a payment decision based on it. So since you are on DSP, you have no grounds to fight the JCA assessment report. You would have to argue it, when arguing rights to portability. That since it is incorrect, you do still qualify based on your illness. That doesn't need to be stirred up at the moment though. I would leave it alone, until they reject you for anything based on it. If you really cannot think of a time you had a sit down interview about your health, in the past few years, then C/L have had JCA people go through the records of people overseas, who had never been rated for their work capacity, and just made something up based on existing case records. |
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Post by Banjo on Feb 29, 2012 14:48:28 GMT 7
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Post by wbmania72 on Feb 29, 2012 15:59:51 GMT 7
from spaceyone;
"If you really cannot think of a time you had a sit down interview about your health, in the past few years, then C/L have had JCA people go through the records of people overseas, who had never been rated for their work capacity, and just made something up based on existing case records."
i was granted DSP in 2003(i thought it was 2001)
i've done full time light duty job just for a few weeks trying not to starve on DSP in 2007.
but i couldn't continue and had to quit and told C/L the reason why i quieted.
i went to interview some times in 2010.
if they changed my working hours based on the work i done in 2007,i did let them know when i start working and the time i stop working.and told them my disability was the reason why i left that job.
simply i tried but couldn't do it.
cant remember whether i went to that interview with or without doctors report.
but even with a doctors report,i am sure it wouldnt've said anything negative to effect my
working hours.
so it must be the job i did in 2007. BUT i went to interview in 2010 which was three years later.
doesnt make sense.
regards
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