Anyone had this experience with Centrelink in Australia

[David rm]

Hi everyone! Just wondering if any other Australian Citizen living in Thailand has had this experience or any guidance would be appreciated!

As full citizen of Australia and meet all criteria to apply for my Age pension next year I contacted Centrelink some 2 years ago and they said I just need to return up to 13 weeks before birthdate and you can apply and then free to return to Thailand with pension portable! Some weeks back recontacted to reconfirm as was intending on taking out a long term rental here! Then after going through several people they say must return and reside the 2 years in Oz first! Referred pervious conversations but they say no! Can return and appeal when due! I then advised had I known that I would have returned some 2 years back ! But now can’t because no flights and so On apart from expense! I should mention I have been done over with a marriage here so not a lot of money! I was thinking to start to spend time and appeal when due! I put in writing and uploaded it but they won’t even look at it! I was appealing that because of Covid surely my 2 years should be reduced! 
Any opinion or advice would be very much appreciated! I enjoy life here and it would certainly be affordable on pension! 
regards

 

[ezzra]

Unfortunately they are correct, in order to qualify for age pension you need to go back and reside a full 2 years before you will get the pension and even then once you go back to Thailand after the fists six weeks you will be only be paid a portion of the monthly pension, yes, not fair, but it is what it is and there's a very long thread on theses pages that deal with these issues...

[theoldgit]

I'll move this to the Home Country Forum

[David rm]

Thanks for your info! But what they say is you will get the Pension on age and whilst in Australia it is just that it is not portable for 2 years ? Corrct

[4MyEgo]

52 minutes ago, David rm said:

I enjoy life here and it would certainly be affordable on pension! 

There is a complete old age pension forum on this in the Country Forum.

 

NEVER believe what someone tells you from Centrelink, let alone any government department, i.e. always ask for the website/article/legislation/section so you can view it.

 

You must lodge your application in Australia (no excuses), you will have to wait 2 years for it to be made portable, however on the Country Forum on discussion for the Australian old age pension, recently AussieBob18 if memory serves me stated that they are cutting back on making the OAP portable for those who apply and then take off after the 2 years, i.e. if you qualified and got portability after 2 years, and returned back to Oz, they would stop your portability the next time you went back, don't quote me, check out the Country Forum and go to the last page of the Australian age pension.

 

As the old saying goes, your up s-h-i-t creek, sorry to bare you bad news, if you want it, you have to go back and wait the 2 years, I suppose you could ask for an appeals board to back date payments once you started receiving the pension, but I suppose they could argue, well it's not their fault covid reared its head and stopped the world in its tracks and you couldn't get back, in other words they can see that you have been here and are just going back to get it, your supposed to convince them that you are there to stay, otherwise they can deny giving you the pension.

 

Start doing your due diligence and research your heart out, because don't expect an even break from the government.

 

Good luck.

Edited July 31, 2020 by 4MyEgo

[Swimfan]

55 minutes ago, ezzra said:

Unfortunately they are correct, in order to qualify for age pension you need to go back and reside a full 2 years before you will get the pension and even then once you go back to Thailand after the fists six weeks you will be only be paid a portion of the monthly pension, yes, not fair, but it is what it is and there's a very long thread on theses pages that deal with these issues...

Not true. you only lose some supplements. As long as you have worked in Australia for 35 years you can take the full pension. If you only worked 30 years then you would only be entitled to 30/35ths for portability.

[David rm]

Ok, because what they confirmed to me I would get the full pension based on my circumstances and background when I apply in Australia and I can apply 13 weeks prior to birthdate but for the pension to have portability must have resided in Australia for the full 2years but you would lose the supplements and that! They said I can however make an appeal based on what I was told some 2 years back and it is recorded on my Centrelink file and further there could possibly be excemtions based on the Covid 19 situation which  is unique! And nothing like it before! All on file so will just have to see! Ofcoarse the ordinary Centrelink Officer is just stating the facts but when I was put onto to higher up International experts at Centrelink they said that an appeal would need to be lodged at time of application which can be done 13 weeks prior to birthdate! Once you receive pension you can visit Thailand for a maximum of 12 weeks in total over the 2 years but would not be paid pension whilst away and it would automatically kick in when returned! It’s all so confusing so I guess I shall just have to see

[scorecard]

1 hour ago, ezzra said:

Unfortunately they are correct, in order to qualify for age pension you need to go back and reside a full 2 years before you will get the pension and even then once you go back to Thailand after the fists six weeks you will be only be paid a portion of the monthly pension, yes, not fair, but it is what it is and there's a very long thread on theses pages that deal with these issues...

I confirm you need to come back and do the 2 years.

 

But you can, during the 2 years do a few trips abroad. There's been many comments on this and other boards about how long these trips abroad can be but it seems to be agreed that C/link won't reveal the specific 'formula'.

 

A C/link lady told me about 2 years ago that it's adviseable to not travel out until about 6 months after you have been approved and payments start. Same lady told me never travel out more than 10 total days because that starts to reduce the accumulation of the 2 years but if you stay within the 10 days out concept the accumulation of 2 years is not reduced at all, but that depends on how often you travel.

 

She also mentioned that if you travel out many times for very long periods it's possible whatever time you have accumulated can be cancelled and you have to start again.

 

But the total specific rules are elusive.  

 

I do know that if you return to OZ you can claim the OAP immediately and nowadays it's processed quite quickly (but Covid may well have caused processing delays because of overall massive increase in their work load)

 

If you don't already have a C/Link personal reference number (permanent number) they suggest you do visit any C/link office to establish/prove your ID (20/30 minutes), and the further steps e.g. on-line lodgement of the actual claim form (not complicated) can be done on-line but there is some check that you are located in OZ when you lodge the application on line. You now also need a MyGov account (very easy to set up).

 

If you do travel abroad you are required to advise C/link your departure and return date on-line before you depart OZ. Further to this they have a live continuous link to immigration which automatically records activity into your C/link files. There seems to be general agreement from citizens that you should never in any communication (if that happens) mention your travel destination.  

 

I did call C/link perhaps 5 years back and the lady told me, you need to come back and apply then you can immediately go abroad and never return and when approved payments can be directed abroad. This is totally Incorrect. I mentioned it when I went to C/link to get a personal reference number, the quite polite lady checked what I was saying then said clearly/politely 'that's not true, never has been and very doubtful it ever will be'. 

[David rm]

Thanks to everyone your advice and opinions! Much appreciated! Yes exact rules are very elusive! 

[4MyEgo]

43 minutes ago, David rm said:

They said I can however make an appeal based on what I was told some 2 years back and it is recorded on my Centrelink file and further there could possibly be excemtions based on the Covid 19 situation which  is unique!

I would suggest that the person you spoke to is being kind, e.g. not wanting to upset you, I say that because I do not believe that there would be any recording of your conversation where they said 2 years prior, yeh, just come back in 2 years, apply and then go back.

 

Good luck with that one, appeals over Covid, again, good luck with that one too.

[heybuz]

As for informing Centrelink when you leave the country it in my opinion isn't necessary ,as soon as you go through immigration they know you have left also your destination.I have not bothered to tell them for the last ten years but they told me.

[David rm]

Yes, but it is fact when you discuss with them under your CRN that you are given a receipt number to which time and date and notes regards conversation are added to your file! I checked with International and they could see all of them over past several years! They also said that under Administrative Decisions Judicial Review Act - (ADJRO and administrative appeals you can act on this plus under Freedom of Information you can access and request all information on your file

Just thought I would share that!

[tifino]

33 minutes ago, heybuz said:

As for informing Centrelink when you leave the country it in my opinion isn't necessary ,as soon as you go through immigration they know you have left also your destination.I have not bothered to tell them for the last ten years but they told me.

 I of course always Report intended travels; both on my Centrelink and DVA pages... 

Latest travel was back in Mar/Apr'19. During time away, I monitored my bank accounts and saw that my Centrelink Pension got Cut a couple of weeks into thwe trip...'Anyway as soon as I returned, got straight onto MyGov and there was a sort of 'we punish you' angry letter in MyInbox - where they displayed as if they ummm 'caught me' going OS, without telling them!

Overall its a waste of life trying to argue, but I did go in and in front of the Financial Officer show them my screenshots of the initial Advice to both the Centrelink and DVA (always write both advices identically worded) 

[heybuz]

13 hours ago, tifino said:

 I of course always Report intended travels; both on my Centrelink and DVA pages... 

Latest travel was back in Mar/Apr'19. During time away, I monitored my bank accounts and saw that my Centrelink Pension got Cut a couple of weeks into thwe trip...'Anyway as soon as I returned, got straight onto MyGov and there was a sort of 'we punish you' angry letter in MyInbox - where they displayed as if they ummm 'caught me' going OS, without telling them!

Overall its a waste of life trying to argue, but I did go in and in front of the Financial Officer show them my screenshots of the initial Advice to both the Centrelink and DVA (always write both advices identically worded) 

My experience is different, maybe because I have fought them over other matters and had partial victories and I emphasize partial. The Centrelink rules are conflicting one part will support a case on the next page it will negate what it previously stated. I have only ever told Centrelink of my overseas intentions once ai stated they know when you leave and return. When I applied for the pension they informed me of time spent out of the country over 40 years previously.

 

[AussieBob18]

To OP. Yes you will need to go to Aus and apply and re-establish residency in order to gain portability after 2 years. That means you must advise them that you are returning to stay in Australia - use the marriage breakup as main reason. If officially married get a divorce - you will need that or they will state you are 'with partner' and pay you less both in Aust and if/when you leave.  When you return to Australia you will get the pension and it will be backdated to date of 'correct' application and eligibility. I would wait til you are of age - the dole is a lot less than pension - but you can go before eligible (13 weeks as they say - but more if delays - and covid is a delay). Either way, you will have to be able to pay for your costs while the application is processed.  I cannot emphasise enough that you must state clearly that you are returning to Aus to live permanently and that you are no longer married. Then after 2 years or so (leave it a little) then you contact CLink and state that living in Aust is too costly and you are going to try overseas again - maybe Thailand, maybe Pilippines, not sure - am I eligible for portability?   During the 2 years any time overseas will be deducted from the 2 years - any time overseas is deducted from the 2 year period. Now sometimes it is not because they are busy/useless, but the rule is clear.  But - tell them before you leave and tell them why you are going - visit some friends as you have none in Australia, or something like that.  Everything (EVERYTHING) you say is recorded and WILL be used against you in terms of denying anything to you - be careful of anything that you say. And dont be stupid and go around telling everyone what you are going to do - people talk - CLink find out a lot about people that way. And given your past 'confessions' to CLink, once you are settled in Aust, I would ask for a copy of your file records - so you can make sure everything is accurate and you have not said something in the past and it was taken the wrong way by a CLink person.  If anything wrong - lodge an appeal to correct your records.

 

My advice in the Aust Pension Forum posts (suggest you read through that for the last year or two), that was mentioned by 4myego is about someone on the pension that leaves Aust to temporarily live in another country for 3-9 months at a time, and does that several times - especially to the same country.  But in your case, the issue of portability and the granting of it to someone that clearly only came back to qualify, is under constant review and fine tuning within CLink and the Govt (to save money).  Go back to stay there - maybe after a while you will stay - great medical system that costs SFA when on pension - best in the world IMO. But also one of the biggest socialist nanny states on the planet and is full of bogans. No country is perfect - unless you are rich. 

[steven100]

On 7/31/2020 at 1:59 PM, Swimfan said:

As long as you have worked in Australia for 35 years you can take the full pension.

I think you'll find your incorrect on that statement ...   ( apologize if i'm wrong ) 

It's not worked for 35 years .... It's lived or resided there for 35 years.  

double check that  !! ...   

[simple1]

1 hour ago, steven100 said:

I think you'll find your incorrect on that statement ...   ( apologize if i'm wrong ) 

It's not worked for 35 years .... It's lived or resided there for 35 years.  

double check that  !! ...   

 Correct - as from the age of 16 for full entitlement

[simple1]

OP: The info you need is nearly all available at URL below. I would also recommend you register at https://my.gov.au for a client number. If you require clarification it would be best to contact Centrelink International or upon return the Age Pension number. Never make a decision based on someone's opinion via the internet without first checking validity with Services Australia.

 

https://www.servicesaustralia.gov.au/individuals/services/centrelink/age-pension

 

For the meantime, from my experience five years ago, it is a lot easier to apply for JobSeeker upon re-entering Oz prior to applying for Age Pension which will 'automatically' roll over to Age Pension on eligibility date if you have met all the criteria. Don't know if it still applies, but I had to obtain my entry / exit record from Immigration, even though Centrelink can access the record, which can take some time. Make sure you understand the impact, if any, of declaring overseas assets, relationship and so on.

[steven100]

On 7/31/2020 at 1:59 PM, Swimfan said:

Not true. you only lose some supplements. As long as you have worked in Australia for 35 years you can take the full pension. If you only worked 30 years then you would only be entitled to 30/35ths for portability.

wrong ... pls check before giving incorrect info