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ellathai

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Posts posted by ellathai

  1. So l want to make a will for my money in Australia, l don't own assets in Australia only money in Australia.

    l want my money to go to my wife and in the event of our deaths to our children who live in Australia.

    l have been checking out different wills online and they all ask  where in Victoria  the will is being signed

    obviously l can't do that because l'm here, l'm worried the will , will be invalid if l put where l live here.

    Any other Australians been through this and can advise please.

    Cheers

    • Sad 1
  2. 15 hours ago, statman78 said:

    Here in Chiang Rai I found that Immigration and other government services are fairly flexible.  Last time I did my annual extension, which is always due near the end of January, Immigration said I could come in starting around early to mid December.  My last extension the IO gave me the thumbs up because I do my 90 day reports on-line.  

     

    15 hours ago, statman78 said:

    Here in Chiang Rai I found that Immigration and other government services are fairly flexible.  Last time I did my annual extension, which is always due near the end of January, Immigration said I could come in starting around early to mid December.  My last extension the IO gave me the thumbs up because I do my 90 day reports on-line.  

    Was it mandatory for the  health test for the 5 year?

    Kalasin only require it for the 2 year licence

  3. 4 minutes ago, Grumpy one said:

    You were lucky to get the right info on your second call.

    When I first applied for the OAP I had been here in Thailand 7 years.

     Every 6 months I would return home for 1 month.

    My application was denied, then an appeal was lodged, it failed.

    Reason for failure " You are not a resident " 

    How long do I need to stay in Australia before I am a resident " Cant say "

    Reapplied and rejected again, then I was asked do I own a house in Australia

    Yes, ok OAP approved and back dated

    C/ link need to take a good look at the people working there and start training them

    i rang about 8 months ago got a bloke and got all the same answers l got this time,

    to be honest l prefer dealing with blokes woman seem to be very harsh.

  4. I have put this as an answer in another category but was thinking it might be useful for other Aussies thinking about getting the OAP from Australia.

    This  is a direct copy and paste of that answer.

     

    Ok. So l rang centrelink   international twice today (26/08/2020) 

    First got a woman who was very abrupt and rude when l asked question 4 (called me a scammer)

    Second got a bloke who was very helpful and l spoke to him openly.

     

    Q1. l am 66.5 have been in Thailand for 4 years, am l eligible for the OAP? 

    A.Yes

    Q2. Can l apply and receive it immediately upon return to Australia.?

    A. Yes There is no waiting time only processing time of about 11 weeks which you will get back pay for.

    Q3. Is it true for the first 2 years l cannot leave Australia without affecting the pension?

    A. If you leave Australia for holidays in the first 2 years you will not get the pension while you are out but will resume payments when you return. The time is NOT added to the two years . You can leave for up to 13 weeks at a time but he said better to play safe and keep it at the national average of 4 weeks at a time.

    Q4. Is it true that to get the pension immediately in Australia l have to state to centrelink that l will be permanently residing in Australia.

    A. No. After two years you have the right to leave Australia and take your OAP with you. (Retain portability)

     

    All this is based on being an Australian resident for 35 Years or 420 months and being of pension age.

    As stated the first call l got a woman who gave me the same answers but in a l don't want to be here today way and when l asked about returning to Thailand after the two years started saying (you already made your mind up your just scamming the system) so l hung up waited 30 minutes and rang back.

    This time l got a bloke who was very helpful put me on hold to double check his answers and was very pleasant.

    So there you are straight from the horses mouth.

    Good luck everyone.

    • Like 1
  5. Ok. So l rang centrelink   international twice today (26/08/2020) 

    First got a woman who was very abrupt and rude when l asked question 4 (called me a scammer)

    Second got a bloke who was very helpful and l spoke to him openly.

     

    Q1. l am 66.5 have been in Thailand for 4 years, am l eligible for the OAP? 

    A.Yes

    Q2. Can l apply and receive it immediately upon return to Australia.?

    A. Yes There is no waiting time only processing time of about 11 weeks which you will get back pay for.

    Q3. Is it true for the first 2 years l cannot leave Australia without affecting the pension?

    A. If you leave Australia for holidays in the first 2 years you will not get the pension while you are out but will resume payments when you return. The time is NOT added to the two years . You can leave for up to 13 weeks at a time but he said better to play safe and keep it at the national average of 4 weeks at a time.

    Q4. Is it true that to get the pension immediately in Australia l have to state to centrelink that l will be permanently residing in Australia.

    A. No. After two years you have the right to leave Australia and take your OAP with you. (Retain portability)

     

    All this is based on being an Australian resident for 35 Years or 420 months and being of pension age.

    As stated the first call l got a woman who gave me the same answers but in a l don't want to be here today way and when l asked about returning to Thailand after the two years started saying (you already made your mind up your just scamming the system) so l hung up waited 30 minutes and rang back.

    This time l got a bloke who was very helpful put me on hold to double check his answers and was very pleasant.

    So there you are straight from the horses mouth.

    Good luck everyone.

    • Thanks 2
  6. On 8/23/2020 at 7:59 PM, Dazinoz said:

    Well I sure don't phone hoping I will get some one not helpful.

    Ok. So l rang centrelink   international twice today (26/08/2020) 

    First got a woman who was very abrupt and rude when l asked question 4 (called me a scammer)

    Second got a bloke who was very helpful and l spoke to him openly.

     

    Q1. l am 66.5 have been in Thailand for 4 years, am l eligible for the OAP? 

    A.Yes

    Q2. Can l apply and receive it immediately upon return to Australia.?

    A. Yes There is no waiting time only processing time of about 11 weeks which you will get back pay for.

    Q3. Is it true for the first 2 years l cannot leave Australia without affecting the pension?

    A. If you leave Australia for holidays in the first 2 years you will not get the pension while you are out but will resume payments when you return. The time is NOT added to the two years . You can leave for up to 13 weeks at a time but he said better to play safe and keep it at the national average of 4 weeks at a time.

    Q4. Is it true that to get the pension immediately in Australia l have to state to centrelink that l will be permanently residing in Australia.

    A. No. After two years you have the right to leave Australia and take your OAP with you. (Retain portability)

     

    All this is based on being an Australian resident for 35 Years or 420 months and being of pension age.

    As stated the first call l got a woman who gave me the same answers but in a l don't want to be here today way and when l asked about returning to Thailand after the two years started saying (you already made your mind up your just scamming the system) so l hung up waited 30 minutes and rang back.

    This time l got a bloke who was very helpful put me on hold to double check his answers and was very pleasant.

    So there you are straight from the horses mouth.

    Good luck everyone.

    • Like 1
    • Thanks 1
  7. 4 hours ago, ozfarang said:

    I was living in Thailand 18 months prior to returning to Australia to apply for the aged pension.

    I went through the same procedure 18 months ago and it was exactly as @simple1 described, no changes. The wait for me was 11 weeks to get the full aged pension after application.

    Will you return to Thailand or were you asked if you are permanently staying in Australia?

    Out  of curiosity did you get backpay from when you applied for the OAP?

  8. 43 minutes ago, simple1 said:

    When I returned to Oz from more than two years living in Thailand to apply for Age Pension, there was no requirement to wait two years for payments to commence. All you have to do is prove your residency In Australia, e.g. bank info, rental agreement, driving license etc. What I actually did was apply for Newstart, then rolled over to Age Pension. The processing time for Age Pension application is approx 13 weeks.

    Can l ask how long ago was that?

  9. 12 minutes ago, Dazinoz said:

    I went to Cl office and the lady I got knew nothing and gave me the number of the International Services Section and he is the one who gave the " can not" story.

     

    Hmmm, where have I heard that saying before?

     

    It was the international services l rang 00661362223455 maybe its just me but l prefer dealing with blokes they seem helpful.

  10. 28 minutes ago, Dazinoz said:

    It was a friend of a friend told me the story. I don't know if he came back or intended to or not.

     

    Actually thinking back the guy returned to Oz and applied for the pension but he had not been back in Oz for 2 years so they would not approve his pension.

     

    Thats what I have been told by Cl that I need to be back in Oz 2 years before they will approve pension. I told them no intention coming back here he said didn't matter I had to be back 2 years.

    l will give them a ring in a day or 2 and let you know what they say.

    • Thanks 1
  11. 12 minutes ago, Dazinoz said:

    Like I said, that is not what the ISS section of Cl is telling me. Others (not Cl) have said like you, I mentioned my accountant said like you and the Cl guy just said who should you believe, someone who works for Cl or someone who does not.

     

    I will take the advice of another poster and start the battle before I head back. I am still not entitled until May 2022 and not sure when I can leave Thailand due to commitments.

    l talked to a CI guy as well and he said the opposite to your bloke. Unreal would be nice if they get there act together it's our  lives there playing with. I'm due for OAP since last June but haven't decided when i'm heading back yet. l wish you luck

    • Thanks 1
  12. On 8/18/2020 at 8:34 PM, UncleMhee said:

    Version 1.271 - Released 10 August 2020

    7.1.4 Requirements for former residents of Australia receiving a portable pension

    Summary

    A person must satisfy the SSAct definition of Australian resident in order to lodge a proper claim for a pension. Generally, this means they must be residing in Australia when they lodge their claim.

    A claim for pension can be lodged by a former resident who has resumed residence in Australia only if, on the evidence available, there is a clear intention to remain permanently in Australia. A person who intends to return to Australia for a defined period only (e.g. 2 years) would not be an 'Australian resident' as per SSAct subsection 7(2).

    Specific portability rules apply when a person who was formerly an Australian resident returns to Australia and becomes an Australian resident again and is successful in claiming Age or DSP.

    Portability for former residents - Age, DSP

    Since 20 September 2000, a former resident who returns to Australia and is granted Age or DSP, or who transfers to Age under SS(Admin)Act section 12, cannot take that pension outside Australia if they leave within 2 years of having resumed residence in Australia. The purpose of this legislation is to discourage people from travelling to Australia just to get an Australian pension to take back overseas.

    The 2-year period includes, as separate full days, the day on which the recipient returns to Australia to resume Australian residence and the day on which they leave again.

    There is no discretionary power to allow portability of Age or DSP during the 2-year period (note, some exceptions to the 2-year rule apply - see below).

    Payment may be suspended for short overseas absences during the 2-year period and does not have to be reclaimed on return to Australia. A short absence from Australia (as long as the person is still classed as an Australian resident) will not impact on the end date of the 2-year period (i.e. the absence still counts towards the person's 2-year period).

     

    https://guides.dss.gov.au/guide-social-security-law/7/1/4

     

    Well that's as clear as mud

  13. On 8/18/2020 at 4:10 PM, Dazinoz said:

    This where I get conflicting stories. My accountant and many people on the Aussie Pensioner forums say that I am entitled to it at 66 1/2 even if I went back to Australia that week. Then If i wanted to make it portable I need to stay 2 years in Oz. When I go back I won't be coming back to Thailand.

     

    Others, like yourself are saying I have to be back in Oz 2 years before I can receive it.

    Your entitled to it immediately when you return to Australia providing you are of age

     

  14. On 8/18/2020 at 3:27 PM, Dazinoz said:

    I have been living in Thailand since 2013. Last August I went back to Oz for a visit. I am due the OAP in May 2022 when I turn 66 1/2. I visited Centrelink to try dispel rumours I had heard. The lady could not help me and gave me the number to the international services section of CL.

     

    I phoned them and the guy stated that I had to be back in Australia 2 years before I could actually claim the pension. I said I knew about the 2 year portability rule and he said again I needed to be living back there 2 years BEFORE.

     

    Recently talking to a friend here who confirmed that they are applying that (unwritten ??) rule as his friend was told the same and application denied. He appealed twice and denied both times. He then went to the Ombudsman and he overturned the rulings and was back paid from eligibility date.

     

    So interesting and frustrating times ahead for me.

    So your friend is saying that he was granted the pension by the Ombudsman and didn;t do the two years and returned back to Thailand with the pension.?

    Do l understand that correctly?

  15. 1 hour ago, TigerandDog said:

    Have to disagree in part with regards to comments on pension. I've been living full time here in Thailand since late 2014 ( became eligible for aged pension in mid 2015 ) and receive my pension every 4 weeks directly to my Thai bank account. Apart from having to be in Australia to apply for the pension ( had to be in person at centrelink around 3 months prior to reaching pension eligibility age) and also in Australia when I turned 65 and when the first pension payment was made to my Aussie bank account & predominantly for 2 years prior to becoming eligible for the pension, payments have been to my Thai bank account ever since. Whilst the pension is not paid 100%, the base pension is fully paid and the pension supplement is reduced to the base level. Current rate is AUD$1721.20 per 4 weeks base pension & AUD$48.40 per 4 weeks base supplement ( single rates ). As long as working life residency is met, the pension is portable. Apart from the reduction in the base supplement, the only other negative impact is that the health care card entitlement is also lost. Most aussies are under the impression that they must return to oz every 6 months to retain their pension. This is not the case for those living outside Oz on a long term or permanent basis. See attached link   https://www.servicesaustralia.gov.au/individuals/topics/payment-schedule-and-rates-people-outside-australia/29791

    You have to spend two years in Australia now before you can take the pension outside of Australia.

    If you go on holiday outside of Australia in that 2 years you will not get the pension until you return.

    If some little turd in centrelink deems you have been outside of Australia too often in that two years you have to start again.

     

    That was the explanation l was given over the phone.

    God bless Australia. :

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