Returning to Oz & pension

[1948wjm]

I was on an OA pension before leaving Oz in February & did not advise centrelink of me leaving however

when immigration checked me out at the airport it automatically advised centrelink. They sent me an advice thru my govt that they had stopped my pension and paid me up to the date of my departure. I will now be returning to Oz next month 100 percent permanantly. Do you think I will have problems restarting my pension as all my recorded details with centrelink have not changed,except my address & phone number in Oz ??

[ozfarang]

Why did they stop your pension?  Did the message from MyGov explain why your pension was stopped?

Was it portable?

 

Once you get back to Australia call Centrelink and you should get you pension reinstated as you have stated you will have returned to Australia permanently.

[blackshadow]

the OZZ embassay is the place to ask, surely ????

[Lacessit]

IMO Centrelink should not have stopped your pension when you left Australia, unless there are other factors involved apart from failing to notify them when you left. As Robodebt has demonstrated, Centrelink is quite capable of illegality.

 

I would suggest phoning their international line before coming back to ask them to explain your options.

 

https://www.servicesaustralia.gov.au/phone-us?context=64107#international

 

It may also be worthwhile to contact your Federal MP if you are not satisfied with their response.

 

AFAIK the international arm is quite helpful. I would not anticipate any difficulty in having your pension reinstated once you have returned.

[Will27]

1 hour ago, blackshadow said:

the OZZ embassay is the place to ask, surely ????

Not sure if you know the duties of the Oz Embassy.

Answering pensions questions isn't one of them.

 

Services Australia (Centrelink, Pensions, Social Security and Medicare)

Consular staff are unable to provide information on Centrelink, pensions, social security or Medicare. Please contact Services Australia directly if you wish to discuss their range of payments and services.

Tel: 001 800 611 4136 (international free call number)  or +61 3 6222 3455 - Monday to Friday 8 am to 5 pm Australian Eastern Standard Time

Website: www.servicesaustralia.gov.au

[Will27]

38 minutes ago, Lacessit said:

IMO Centrelink should not have stopped your pension when you left Australia, unless there are other factors involved apart from failing to notify them when you left. As Robodebt has demonstrated, Centrelink is quite capable of illegality.

 

I would suggest phoning their international line before coming back to ask them to explain your options.

 

https://www.servicesaustralia.gov.au/phone-us?context=64107#international

 

It may also be worthwhile to contact your Federal MP if you are not satisfied with their response.

 

AFAIK the international arm is quite helpful. I would not anticipate any difficulty in having your pension reinstated once you have returned.

If he hasn't got portability, pretty sure it's stopped automatically after a certain period away.

[ozfarang]

1 minute ago, Will27 said:

If he hasn't got portability, pretty sure it's stopped automatically after a certain period away.

The pension stops as soon as you depart Australia if you do not have portability

[blackcab]

14 minutes ago, ozfarang said:

The pension stops as soon as you depart Australia if you do not have portability

 

How do you get portability?

[Will27]

15 minutes ago, ozfarang said:

The pension stops as soon as you depart Australia if you do not have portability

Are you sure about that?

It doesn't look to be the case.

 

I someone back home who doesn't have portability who travelled to Thailand for a month and

his pension wasn't stopped.

 

https://www.servicesaustralia.gov.au/travel-outside-australia-rules-for-age-pension?context=22526

[Will27]

4 minutes ago, blackcab said:

 

How do you get portability?

I'm pretty sure if you have been living in Australia full time, you get portability once you're eligible for the pension.

 

If you've been away for a lengthy period however, you have to do 2 years in Australia.

[ozfarang]

1 minute ago, Will27 said:

I'm pretty sure if you have been living in Australia full time, you get portability once you're eligible for the pension.

 

If you've been away for a lengthy period however, you have to do 2 years in Australia.

That's correct.

In my case I went back to Australia after living overseas for over 2 years, then returned and claimed the pension. When I travel overseas within the two year period of being back in Australia my pension payments stopped when I left Australia and were reinstated on return after 3 weeks away

[norbra]

31 minutes ago, ozfarang said:

The pension stops as soon as you depart Australia if you do not have portability

Will27 is correct,after 13  weeks away the rate is reduced and after 26 weeks payment is stopped.

In your case you were in the "2 year permanent resident" requirement for full portability,

Edited August 6, 2023 by norbra

[ozfarang]

3 minutes ago, norbra said:

Will27 is correct,after 13  weeks away the rate is reduced and after 26 weeks payment is stopped

The link explains the rules to obtain portability if you return to Australia to claim the pension and how long you can be out of the country during the two year period

 

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

[norbra]

3 minutes ago, ozfarang said:

The link explains the rules to obtain portability if you return to Australia to claim the pension and how long you can be out of the country during the two year period

 

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

Correct for those resuming permanent residency.

But doesn't apply to longer term holiday makers

[Lacessit]

1 hour ago, Will27 said:

If he hasn't got portability, pretty sure it's stopped automatically after a certain period away.

Under what rules would he not have portability? Is this the 2 year BS?

Edited August 6, 2023 by Lacessit

[brianthainess]

13 minutes ago, Lacessit said:

Under what rules would he not have portability? Is this the 2 year BS?

IMO YES

[Will27]

12 minutes ago, Lacessit said:

Under what rules would he not have portability? Is this the 2 year BS?

 

If he had been living overseas and came back to claim the pension, he has to do the 2 year period.

 

Going overseas for an extended period during this time would/could result in his pension being stopped.

[simple1]

2 hours ago, Will27 said:

Are you sure about that?

It doesn't look to be the case.

 

I someone back home who doesn't have portability who travelled to Thailand for a month and

his pension wasn't stopped.

 

https://www.servicesaustralia.gov.au/travel-outside-australia-rules-for-age-pension?context=22526

I've never had Age Pension payments stopped at time of departure. Unless one has portability, payment continues for 26 weeks from department. However, after six weeks any supplements paid cease until return.

 

https://www.google.com/search?q=age+pension+payment+whilist+overseas&oq=age+pension+payment+whilist+overseas&gs_lcrp=EgZjaHJvbWUyBggAEEUYOTIICAEQABgWGB4yCggCEAAYhgMYigUyCggDEAAYhgMYigUyCggEEAAYhgMYigUyCggFEAAYhgMYigXSAQ44Njk5NDQ4MjhqMGoxNagCALACAA&sourceid=chrome&ie=UTF-8

[ozfarang]

From your link @simple1the following link from DSS lists the requirements for portability

 

https://www.dss.gov.au/about-the-department/international/policy/portability-of-australian-income-support-payments

[AlexRRR]

On 8/6/2023 at 10:49 AM, Will27 said:

If he hasn't got portability, pretty sure it's stopped automatically after a certain period away.

You are meant to notifiy centrelink if your going out of the country, the pension is payed full for 6 weeks then the supplement is withdrawn while overseas, not sure when the cut date cuts in if there even is one.

[Yeah rightio]

On 8/17/2023 at 6:24 PM, AlexRRR said:

You are meant to notifiy centrelink if your going out of the country, the pension is payed full for 6 weeks then the supplement is withdrawn while overseas, not sure when the cut date cuts in if there even is one.

Correct.... 

After 26 weeks away the pension may be reduced in line with your AWLR (Australian Working Life Residency). To continue to receive the full overseas payment you require 35 years AWLR.

The aged pension is payable permanently overseas unless you're caught by the two year rule; though after paying your penance you're free to go wherever you wish for as long as you like.

https://guides.dss.gov.au/social-security-guide/7/2/2/40

 

https://guides.dss.gov.au/social-security-guide/1/1/a/340#:~:text=by the changes.-,Definition,have worked or paid taxes.

 

https://www.yourlifechoices.com.au/centrelink/age-pension/working-life-residence-explained/

 

Edited August 24, 2023 by Yeah rightio

[KhunHeineken]

On 8/6/2023 at 5:51 AM, Will27 said:

 

If he had been living overseas and came back to claim the pension, he has to do the 2 year period.

 

Going overseas for an extended period during this time would/could result in his pension being stopped.

I agree, but another member on this forum has stated that one is allowed to go overseas for a "prolonged period" of time and not be cut off, and not have the clock restarted on the 2 year prison sentence, because a nice girl at the call center told him so. 

 

When asked for a link on what is a "prolonged period" of time, and what is not, there was no reply.  Grain of salt. 

[4MyEgo]

On 9/25/2023 at 2:06 AM, KhunHeineken said:

I agree, but another member on this forum has stated that one is allowed to go overseas for a "prolonged period" of time and not be cut off, and not have the clock restarted on the 2 year prison sentence, because a nice girl at the call center told him so. 

 

When asked for a link on what is a "prolonged period" of time, and what is not, there was no reply.  Grain of salt. 

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/social-security-guide/7/1/4

 

Dictionary

Definitions from Oxford Languages · Learn more

 

 

 

 

 

pro·longed

/prəˈlôNGd,prəˈläNGd/

adjective

 

1. continuing for a long time or longer than usual; lengthy.

   "the region suffered a prolonged drought"

    

   From my understanding, the legislation above, in particular the word:

    

   short absence to me would mean approved leave of five or fewer consecutive school days for example.

    

   The above said, I think 4 weeks in a year would be ok, perhaps broken up into twice a year if it's affordable.

    

   To me, it makes sense to return at age 65, i.e. 2 years prior to the pension age, they cannot argue with you as residency would have well been established during that 2 year period.

    

   For those who have family here in Thailand, with kids going to school, you could get them to visit in March/April and they would return in May ready for school again, i.e. if the tickets are affordable to you as they would have accommodation, you could return to Thailand in the October for the shorter school holidays, again, if affordable, but no more than say two weeks.

    

   Returning to Oz at 65 would of course mean, you would have to work as the Jobseeker Allowance (fancy term for the dole), wouldn't cover your rent, let alone other living expenses, like food for one, waiting to go back at 67 lessons your chances of working as you would be applying for the pension and you wouldn't be working, and we all know surviving on the pension in Oz wouldn't be pleasant.

    

   Working to survive for 2 years and being away from here/family will be an uppercut to most of us, but you have to focus to the finish line to get that lottery that is going to pay you for the rest of your life anywhere in the world till you croak.

    

   From my understanding of the legislation, in particular the word; 'Short absence' would mean just that, a 'Short absence', that said, I would never take what someone said on the phone unless I could sight a section of the legislation to back it up. He said, she said, you can go overseas for a "Prolonged absence", yeh nah, doesn't cut the mustard.

    

   The legislation is pretty cut and dry in my opinion, but if others want to go by hearsay, well, that will be their downfall, somehow the word Caveat Emptor comes to mind when I hear someone saying but they said.......

[KhunHeineken]

On 9/29/2023 at 3:43 AM, 4MyEgo said:

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

 

On 9/29/2023 at 3:43 AM, 4MyEgo said:

short absence to me would mean approved leave of five or fewer consecutive school days for example.

So, we have the government call it a "short absence" but they do not say how long that actually is.

 

We have you saying, just your opinion of course, that's it's 5 days.

 

Then we have another member frequently saying on this forum a "prolonged period of time" is fine.  

 

Where's the amount of days, and / or frequency, throughout the 2 year period?  Is this not the information, from the government, via a posted link, that we all want to see? 

[scorecard]

On 8/6/2023 at 9:01 AM, ozfarang said:

Why did they stop your pension?  Did the message from MyGov explain why your pension was stopped?

Was it portable?

 

Once you get back to Australia call Centrelink and you should get you pension reinstated as you have stated you will have returned to Australia permanently.

In Australia call 132 300 (the C'link Older Aussies Line), always answered quickly, good listeners, always polite always clear responses.

[1948wjm]

thanks much appreciated, I will save that number.

 

[scorecard]

On 8/6/2023 at 9:14 AM, blackshadow said:

the OZZ embassay is the place to ask, surely ????

Not really, they are not expected to be experts at the applicable laws or possible benefits. That's not the purpose of an embassy.

 

Google Centrelink free call number from Thailand and call C'link and get clear answers.

[scorecard]

On 8/6/2023 at 10:49 AM, Will27 said:

If he hasn't got portability, pretty sure it's stopped automatically after a certain period away.

 

So that seems to bring the situation where for Aussies who have NOT gone through the 'return for 2 years and initially re-established a residence in Australia' it seems they have not qualified for PORTABILITY.

 

So how do these folks achieve PORTABILITY???

[KhunHeineken]

On 11/25/2023 at 2:29 PM, scorecard said:

So how do these folks achieve PORTABILITY???

Must spend 2 years living in Australia.   Well documented and discussed.