Aust Centrelink and subsequent AAT appeal process.

[Justcruising54]

Good afternoon.

as an expat Aust staying (note, not residing) and the holder of the Extension of Stay, retirement visa, renewed yearly for the past three yrs here in Thailand and have decided to wait it out here for the duration of the COVID saga, with my Thai partner and have all of the required documents, (yellow book, id card, driver license, bank account - all simply to remain a lawful traveler and not have to do the continued 90 day departures etc) (and have been a traveller to other parts of SE Asia since my retirement in 2016 and   with lifestyle support back in Aust and a regular returnee there, (prior to the COVID virus) I submitted my aged pension application online and the very same day  Centrelink deemed it that I am not living in Australia on a permanent basis and refused the pension despite the  number of documents I submitted showing that I was a resident of Aust, had ties there, and was unable to return to Aust to sub,it my claim (even tho I can’t find anywhere in, legislation to say that I have to - policy might say otherwise)  I have submitted an appeal to the AAT.

 

my question: is there any expat currently here inThailand that  has dealt with either Centrelink or the AAT in regards to the appeal process and what documents etc did you submit to support your claim. 
 

I am aware of the  Centrelink legislation, and the AWLR clause but just wondering if there other angles I can pursue prior to the appeal hearing.

 

thanks in advance.

[JWRC]

I went through all the hoops and appeals. The law requires that you are in Australia on the day you submit  your claim. Unless they have  relaxed the rules due to Covid and/or travel restrictions then you would have to wait until you can travel there,

 

They refused my application as they said I was'nt living in Australia on a permanent basis. There was no other avenues other than to appeal. there was no further documents I could fill in. I did appeal, I did ask the question in the appeal to show me where it was against the rules to spend my time travelling, was there any law that limited my holidays etc etc Not very helpful I know but my appeal was approved. All I can say yet again on Thai Visa do not use the words living or residing in reference to where you are spending most of your time. Good Luck.

[Haveasay]

Hi. In October I began 13 week prior to birthday, online, through their app. Through that process I put covid as being in Thailand, and realistically, due to risk of infection, due to repats en route wherever, or from anywhere but here, there's a risk. I've been visiting here over many years and in April unable to leave. Same have retirement visa, luckily. My knowledge from research, is if it's due, your more likely to get o/s rate. I believe if you move back, you can't leave for 2 years. Though given where Thailand is at, who would stay, and I'm taking that option. Sure I'd like to stay, but too much devastation everywhere, everyday, and in 2 and a bit years, things may change. Obviously going back I'll get full pension. Unless your happy with o/s rate to stay. They shouldn't not approve, as you've done the prerequisites, their just making it tough. Earlier in the year when aust govt doing handouts, my response on looking for help, was use your super, which I've done, and hopefully leave here when a bubble happens to avoid the isolation cost. Maybe cheaper airfares as well. I also contacted the embassy, who can arrange flights, but you need to be registered with them. Hope that's of some help. But I thought I'd start a claim here, rather than wait till back in Australia. Only an and so far, that got claim and processing.

[simple1]

On 11/11/2020 at 12:01 PM, Haveasay said:

Hi. In October I began 13 week prior to birthday, online, through their app. Through that process I put covid as being in Thailand, and realistically, due to risk of infection, due to repats en route wherever, or from anywhere but here, there's a risk. I've been visiting here over many years and in April unable to leave. Same have retirement visa, luckily. My knowledge from research, is if it's due, your more likely to get o/s rate. I believe if you move back, you can't leave for 2 years. Though given where Thailand is at, who would stay, and I'm taking that option. Sure I'd like to stay, but too much devastation everywhere, everyday, and in 2 and a bit years, things may change. Obviously going back I'll get full pension. Unless your happy with o/s rate to stay. They shouldn't not approve, as you've done the prerequisites, their just making it tough. Earlier in the year when aust govt doing handouts, my response on looking for help, was use your super, which I've done, and hopefully leave here when a bubble happens to avoid the isolation cost. Maybe cheaper airfares as well. I also contacted the embassy, who can arrange flights, but you need to be registered with them. Hope that's of some help. But I thought I'd start a claim here, rather than wait till back in Australia. Only an and so far, that got claim and processing.

 

Has Centrelink informed you they will process your application whilst you are unable to return to OZ or are you making an assumption?

[Haveasay]

They responded with if your not back by mid January your application won't proceed. Not dying on arrival to get pension,  just waiting for a safe return then resume paperwork.