Australian Aged Pension

[Elwood62]

i thought the family home or your home was not counted fi it was under a certain value...

[chokdee69]

I'm married to a Thai woman and have been living in Bangkok for 10 years now, over that period I've only returned to Australia for holidays and business, say 3-4 weeks at a time. I'm 66yo now and several times that I've returned to Australia and made enquiries with Centrelink, they've always given me the run around but in all cases ended the same way, 2 years to regain my residential status. If it takes 6 months absence from Australia to lose my residential status then how come it takes 2 years to get it restored. If the UK pension wasn't paid to Brits living overseas then Pattaya would be a ghost town .I'm living here on superannuation from Australia and I'm certain if it weren't for the cheaper cost of living in Thailand then my lifetime investment would be gone. The 2 years rule may have some merit for the gate crashers who moved to Australia just used the country for their own convenience but in most caes in this forum we all spent 40 years plus working and paying taxes in Australia. Surely there needs to be a clause where applicants who were long term employees in Australia are exempt.

[guapo]

I have been refused my Old Age Pension by Center link on the same grounds that I am no longer An Australian resident:

1- I was told that if I went back to Australia and lived there, after two years I could leave the country and take the pension where ever I choose to live……….what a bloody joke, how am I suppose to believe them, I lived there for almost 40 years, thinking at retirement I would automatically qualify, if 40 years did not do it, how is 2 years going to make it., besides it takes 6 months to lose it and two years to re gain it…I wonder what school those idiots went to.

2- This loophole…which they claim to be legislation, (is conveniently robbing me of my basic rights….but remember it’s not a loophole is called legislation.

3- I was told come back to Australia and automatically I would get it,

If I choose not to go back I will not get it……If this not blackmail…I don’t know what is.

4- I was told I have no ties with Australia, therefore I am not a resident,

I have 4 children, 8 grand children, 50 plus relatives (alive) and close to 50 that passed away and are buried there, this proves that the “word” family in Australia has now a different I connotation, I wonder why.

5. I was told I don’t own a home in Australia therefore I am not a resident.

Over a period of 40 years I owned 14 properties, which regrettably over time, because of rules, regulations, laws and by laws, Legislations, and of corse the economy, I lost each and every one of them, but that of course don’t count, however on every transaction I paid stamp duties, transfer fees, mortgage fees, rates, and all the other bull shit. Ye Ye I know what you are thinking…..that was in the past.

Not to mention all the taxes I paid, that’s a yak word.

6 I was told I don’t have a bank account in Australia; therefore I am not a resident

I had a bank account in Australia, which for some magic reason I am no longer able to use, .(Not my doing) and the bank its using it’s might and every gig they can think off not to communicate with me. I assume they cancelled my account for the same reasons (I am no longer a resident).

7 I was told I am not paying any bills in Australia therefore I am not a resident

My last bill was paid to the Australian Tax department on June 2011, when I turned 65, as well as all the others 38 tax returns lodged every year punctually.

If this is not a lot of crap…I hate to see what shit looks like.

A past Australian President (Not to mention names) once said, quote:

Australia is the ass end of the world. Unquote, it did not make sense to me then, but it sure makes sense now. We only want to be seen as the lucky country, the privileged one, the hero of human rights, the greatest, the the the …too many virtues to mention.

What pisses me off most is that , I have never heard of any legislation been introduced to disadvantage any parliamentarians, in fact their bellies are getting bigger every year… they only need to stay in office 5 minutes and they are set for life. What they forget is that every dog will have his days; they are too blind to see it.

But But But I am going to be on the front line to kick their ass on their way out, that’s what I am planning to do when I grow up ( OPPS I mean older).

[chokdee69]

Hi Guapo I believe we're flogging a dead horse on this issue mate. The legislation as our honourable civil servants always fall back on was introduced by the Howard Government and even after a change of Government this issue has never been raised in parliament. Several times at CL interviews I was questioned about my Australian family. I own a unit in my name in Australia. I have an Australian tax file number and several Australian bank accounts and even a bank loan. I pay the local council rates, water rates and body corporate for my unit, I even have a post office box, all in my name.I have a current Australian drivers licence. I was born in Melbourne in1945 and never left Australia even for holidays until 15 years ago. I worked long hours for the Aust Defence Department and the tax man never missed me over all those years. Don't get me wrong I'm not whingeing but I believe we're being dealt a bum deal especially when we consider we were led to believe that we were automatically eligible Aust Aged Pension ( subject to means test ) when we reached the age of 65'

[ozzydom]

Unfortunately for some, regulations are drafted to cover everybody,with a main parameter being to prevent scamming of the system ,but in certain circumstances they can adversely affect the the genuine and worthy applicant.

The basic requirements for OAP applicants are pretty straight forward and should be known long before a person gets to qualifying age.

A. You must be an Australian citizen with 10 years residency in Oz with at least five years in one consecutive period.

B. You must be residing in Australia at the time of your application.

If you were living permanently in Oz when you get your OAP you are home and hosed ,but if you were a resident of another country and you return and get your OAP you must then stay 2 years to re-qualify your residency before it becomes portable.

Remember that there are no requirements to have actually earned money,worked,owned property to qualify.

The hard working taxpayer is treated no differently to the dole bludger who left for shores afar during their twenties and returns at age 65 to claim his pension, they are both entitled to OAP , but with the residency proviso,s.

[fishhooks]

Can someone enlighten me though on the aspect of how the pension is decided or categorized for applicants. Particularly if living in Thailand at present.

I have received it earlier this year and was told at the local Centrelink Office that my pension was under the "Income" requirements. No mention of Assets. I own my home in Aus at present and just have a car, now more than 10 years old and normal home furniture.

My only income is from Superannuation, which like with many other retirees at present produces very much less income, than what the pension is for a full month. I changed my Super some time back to have little exposure to the Stock Market , defensive I believe is the term.

Now, they say that Interest Rates in Aus are likely to fall further next week so for those of us not wanting to 'gamble' on the markets, you lose out again.

I have a Thai Wife and always imagine that at some stage moving to Thailand. I don't think I will have trouble with portability, as have been in Aus much more than Thailand over recent years. Thus I think now granted, I don't come under the 2 year rule.

Now I find another "wammy". Centrelink also monitors how much of your own Super you use from time to time. At financial years end they want to know just how much you have withdrawn from your Super account to supplement the pension. I have been told if you spend more than their definition of what you 'should' use, you are likely to have your Pension reduced somewhat until you fit into their guidelines, something to do with 'Life Expectency'! I think I'm even supposed to inform them on an on-going basis of any withdrawals other than an amount you may have previously advised as a monthly or quarterly pension supplement. One lady at the local office told me that if I make small withdrawals of less than $1000, not to bother telling them, but I don't think this is informed or wise???

I was a technical person for 40 years and have trouble understanding just what is what in this regard.

I gather, if I sell out here and move over there, that they attack your pension again, in that you have suddenly become rich in their eyes.....Lucky Country, maybe years ago, not now.

For those of you who have already made the move and are managing on the incomming pension from Australia, you may be okay. But for anyone living within these shores, the costs of living here has gone through the roof with no sign of slowing down.

[sceadugenga]

Unfortunately for some, regulations are drafted to cover everybody,with a main parameter being to prevent scamming of the system ,but in certain circumstances they can adversely affect the the genuine and worthy applicant.

The basic requirements for OAP applicants are pretty straight forward and should be known long before a person gets to qualifying age.

A. You must be an Australian citizen with 10 years residency in Oz with at least five years in one consecutive period.

B. You must be residing in Australia at the time of your application.

If you were living permanently in Oz when you get your OAP you are home and hosed ,but if you were a resident of another country and you return and get your OAP you must then stay 2 years to re-qualify your residency before it becomes portable.

Remember that there are no requirements to have actually earned money,worked,owned property to qualify.

The hard working taxpayer is treated no differently to the dole bludger who left for shores afar during their twenties and returns at age 65 to claim his pension, they are both entitled to OAP , but with the residency proviso,s.

What about someone who has been grandfathered as a Disability Support Pension recipient, hasn't been back to Australia for years and turns 65?

Does it happen that they can be granted the OAP without returning to Australia, even though they are a non-resident.

Are people on the DSP in this situation the ones you are calling dole bludgers?

It's virtually impossible to travel overseas while receiving NewStart so you must be.

[Old Croc]

What about someone who has been grandfathered as a Disability Support Pension recipient, hasn't been back to Australia for years and turns 65?

Does it happen that they can be granted the OAP without returning to Australia, even though they are a non-resident.

Are people on the DSP in this situation the ones you are calling dole bludgers?

It's virtually impossible to travel overseas while receiving NewStart so you must be.

I've also wondered how that transition would be handled. It would certainly be unreasonable to insist on the 2 yr qualifying period for a continuing DSP recipient. I guess they would make it a special case and just transfer benefits. (note: must return to Oz before 65 to restore my partial DSP!)

Good point made about the impossibility of being a dole bludger if you haven't been in the country for most of your life. However, I doubt Ozzydom meant it to be about DSP holders.

[ozzydom]

Unfortunately for some, regulations are drafted to cover everybody,with a main parameter being to prevent scamming of the system ,but in certain circumstances they can adversely affect the the genuine and worthy applicant.

The basic requirements for OAP applicants are pretty straight forward and should be known long before a person gets to qualifying age.

A. You must be an Australian citizen with 10 years residency in Oz with at least five years in one consecutive period.

B. You must be residing in Australia at the time of your application.

If you were living permanently in Oz when you get your OAP you are home and hosed ,but if you were a resident of another country and you return and get your OAP you must then stay 2 years to re-qualify your residency before it becomes portable.

Remember that there are no requirements to have actually earned money,worked,owned property to qualify.

The hard working taxpayer is treated no differently to the dole bludger who left for shores afar during their twenties and returns at age 65 to claim his pension, they are both entitled to OAP , but with the residency proviso,s.

What about someone who has been grandfathered as a Disability Support Pension recipient, hasn't been back to Australia for years and turns 65?

Does it happen that they can be granted the OAP without returning to Australia, even though they are a non-resident.

Are people on the DSP in this situation the ones you are calling dole bludgers?

It's virtually impossible to travel overseas while receiving NewStart so you must be.

Hardly old fella,That was the situation I was in and Centrelink changed me automatically to OAP when I became 65.

I had not been back to Oz since 1999 and had always had my pensions paid into my Thai Bank A/C

After getting the OAP they did communicate with me asking whether I still had any assets in Oz.

I think that if you were living outside Oz and receiving DSP in 2004 you are "grandfathered".

The dole was in effect long before Newstart and many took advantage of the loopholes in the system to never bother taking a job.

You may recall the days when an unskilled worker with 3 kids actually received more on the dole than a job would pay.

[sceadugenga]

So you took advantage of a loop hole in the Act to get the OAP while not a resident while you tell people that THEY have to be a resident or stay in Australia for 2 years?

You're dodging the dole bludger question, tell me more about the ones on the dole, or NewStart as it's called now, who have been living overseas since they were in their 20s and returned at the age of 65 to be automatically granted the OAP.

[ozzydom]

So you took advantage of a loop hole in the Act to get the OAP while not a resident while you tell people that THEY have to be a resident or stay in Australia for 2 years?

You're dodging the dole bludger question, tell me more about the ones on the dole, or NewStart as it's called now, who have been living overseas since they were in their 20s and returned at the age of 65 to be automatically granted the OAP.

The regulations back in the mid nineties was different so no "loop hole" was needed.

I was declared by Dept of Social Securities to be totally and permanently incapacitated due to spinal injuries received in an MVA.

I applied to them to move permanently overseas in 1998 and was placed on the overseas pension recipient list and my pensions have been deposited in my Thai A/c since that time, they changed me to OAP automatically in 2004 when I reached 65.

I did not at any time say that people on the dole received benefits while overseas.

My comment was pertaining to the fact that a citizen who has served their 10 year residency in Oz can leave and return at age 65 to claim the OAP.without ever having worked there.

They are treated the same as a person who has resided,worked,paid taxes in Oz all their lives.

[ozzydom]

Can someone enlighten me though on the aspect of how the pension is decided or categorized for applicants. Particularly if living in Thailand at present.

I have received it earlier this year and was told at the local Centrelink Office that my pension was under the "Income" requirements. No mention of Assets. I own my home in Aus at present and just have a car, now more than 10 years old and normal home furniture.

My only income is from Superannuation, which like with many other retirees at present produces very much less income, than what the pension is for a full month. I changed my Super some time back to have little exposure to the Stock Market , defensive I believe is the term.

Now, they say that Interest Rates in Aus are likely to fall further next week so for those of us not wanting to 'gamble' on the markets, you lose out again.

I have a Thai Wife and always imagine that at some stage moving to Thailand. I don't think I will have trouble with portability, as have been in Aus much more than Thailand over recent years. Thus I think now granted, I don't come under the 2 year rule.

Now I find another "wammy". Centrelink also monitors how much of your own Super you use from time to time. At financial years end they want to know just how much you have withdrawn from your Super account to supplement the pension. I have been told if you spend more than their definition of what you 'should' use, you are likely to have your Pension reduced somewhat until you fit into their guidelines, something to do with 'Life Expectency'! I think I'm even supposed to inform them on an on-going basis of any withdrawals other than an amount you may have previously advised as a monthly or quarterly pension supplement. One lady at the local office told me that if I make small withdrawals of less than $1000, not to bother telling them, but I don't think this is informed or wise???

I was a technical person for 40 years and have trouble understanding just what is what in this regard.

I gather, if I sell out here and move over there, that they attack your pension again, in that you have suddenly become rich in their eyes.....Lucky Country, maybe years ago, not now.

For those of you who have already made the move and are managing on the incomming pension from Australia, you may be okay. But for anyone living within these shores, the costs of living here has gone through the roof with no sign of slowing down.

You would need to consult Centrelink as some superannuations are classed as assets and some as income.

It depends on whether it is is an allocated pension or income producing stream.

If you are considering relocating a chat to an accountant well versed in such things would allow you to change your "super "structure to give you the most benefit.

If Your super money is accessable then it may be classed as an asset and affect your OAP payments,Then if you exceed the allowable $250 per fortnight in withdrawals it is classed as income and your pension payment reduced.It also depends on whether you receive a partial or full pension.

I believe there are ways to structure your Super to get a full OAP pension ,an accountant could advise.

[guapo]

I read this somewhere…so true; I reckon it says it all:

Democracy is two wolves and a sheep voting on what's for lunch.

So far so good…but what happens when the sheep is gone???

Politicians (wolves) can screw us till kingdom come, but the truth of the matter is that the world will always need more sheep’s then wolves.,'the proof is in the pudding', wolves have almost been extinct worldwide, I hope I live long enough to see it happen, when they can stick all their bloody rules up their black holes.

[seekingfriends]

i thought the family home or your home was not counted fi it was under a certain value...

would like to know more on this subject. james

[merlen10002]

I read this somewhere…so true; I reckon it says it all:

Democracy is two wolves and a sheep voting on what's for lunch.

So far so good…but what happens when the sheep is gone???

Politicians (wolves) can screw us till kingdom come, but the truth of the matter is that the world will always need more sheep's then wolves.,'the proof is in the pudding', wolves have almost been extinct worldwide, I hope I live long enough to see it happen, when they can stick all their bloody rules up their black holes.

This may help some, I have lived in Thailand for many years now, I receive the old age pension paid into my Thai bank account every month by Centerlink, I don't get any add on assistance, like rent, elec, phone, only the pension, I get the full pension and will until I kick the bucket, I applied for the pension before I left Australia and never lived out side Australia before, it took over six months before the pension was granted, Centerlink wanted imformation about everything they could think of before approving the pension, I let them know I was going to live in Thailand at the time of applying, apart from Centerlink being over thorough and taking a very long time to approve the pension, I found them very good to deal with, always helpful, I think people are treated like they treat people themselfs sometimes, the pension was paid from the date I first put the application in,, so the first payment was a nice large amount.

I get the pension news paper every six months same as anyone living in Australia.

Anyone can get all the imformation about overseas pension payments by phone, toll free,, the international services is in Horbart Tas, just look on line at the Centerlink Site, find international and go from there, they have a number you can call toll free and they will take all the time you need, not cut you of after a short time, I am sure you can not apply if you live outside Australia. I have nothing in Australia, no property, bank accounts, nothing, pension still comes every month and I update Centerlink every six months on my situation and address in Thailand, and Centerlink know I have nothing in Australia now, this is only about the old age pension not any other pensions.

[Elwood62]

i thought the family home or your home was not counted fi it was under a certain value...

would like to know more on this subject. james

this gives info http://www.centrelink.gov.au/internet/internet.nsf/payments/age_iat.htm

[sceadugenga]

This is from Centrelink’s website.

To lodge an Age Pension claim you must be an Australian resident and in Australia on the day that you lodge your claim.

To qualify as an Australian resident you must be living in Australia as:

* an Australian citizen, or

* the holder of a permanent resident visa, or

* a New Zealand citizen who was in Australia on 26 February 2001, or for 12 months in the 2 years immediately before that date, or was assessed as "protected" before 26 February 2004.

Note: The 10-year Australian resident requirement means you have been an Australian resident for a continuous period of at least 10 years, or for a number of periods which total more than 10 years, with one of the periods being at least 5 years.

From WRG Website.

• How long must I have lived in Australia?

To qualify for Age Pension you must have been an Australian resident for a total of 10 years, at least five of these in one continuous period. You must also be an Australian resident and in Australia on the day your claim is lodged, unless you are claiming under an International Social Security Agreement.

If you have spent a significant amount of time in another country, or have significant ties to another country before you claim, Centrelink may make the decision that you no longer regard Australia as your permanent home and are therefore not an Australian resident. In deciding whether you regard Australia as your permanent home, Centrelink will look at your intentions, and your established links with Australia, for example property, bank accounts and family ties.

See the Rights Group's statement?

Centrelink MAY make a decision etc...

People in this position need real advice, not opinions on forums. Contact your MP or the the office of the minister of Families, Housing, Community Services and Indigenous Affairs.

[fishhooks]

Thanks OzzyD,

I'll take your advice and further consult. My accountant has recently retired due health problems and I'm attempting to locate someone else trustworthy.

My Super is accessable, but I believe is classed under the Income Category and is automatically debited into into my bank account at $1,500 a quarter as an Allocated Pension.

This added to the one person of a couple pension of $560 per fortnight, is certainly not enough to live on here in Australia.

Thus, is this Allocated Pension of $1,500 per quarter which is the $250 per fortnight you quote above, the maximum amount I'm supposed to use from my own Super? I remember there was some equation related to life expectancy!

Or, is there a differing amount that you are allowed (supposed) to withdraw if you are classed under the income producing stream?

Thanks for your help, I'm quite lost with these requirements.

[ozzydom]

Thanks OzzyD,

I'll take your advice and further consult. My accountant has recently retired due health problems and I'm attempting to locate someone else trustworthy.

My Super is accessable, but I believe is classed under the Income Category and is automatically debited into into my bank account at $1,500 a quarter as an Allocated Pension.

This added to the one person of a couple pension of $560 per fortnight, is certainly not enough to live on here in Australia.

Thus, is this Allocated Pension of $1,500 per quarter which is the $250 per fortnight you quote above, the maximum amount I'm supposed to use from my own Super? I remember there was some equation related to life expectancy!

Or, is there a differing amount that you are allowed (supposed) to withdraw if you are classed under the income producing stream?

Thanks for your help, I'm quite lost with these requirements.

It sounds like you are on a part pension,reduced because of the funds held in your Super a/c.

Allocated pensions used to be a formula whereby your investment amount was divided by X years programmed to run out when you were anticipated to leave the land of the living.

Trouble was that if you outlived your life expectancy your income went down the gurgler.

The part that I found objectionable was that they were based on your investment (super) earning X amount via investment by the fund but they retained a large proportion of the returns in "management fees", meaning that they are only doling out to you ,your own funds ,a bit like doling out your kids pocket money.

My situation was a bit different in that I was self employed so all my funds were self provided. I opted to repay taxation an amount to make up for the tax concessions I had received on my payments and was then able to register a self managed Super fund in my/our own name and control my own money.

Coincidentally SM Super funds do not effect Disability Pensions.

The single OAP overseas is now $710 per fortnight, whereas you are only getting an extra $50 a week to maintain a family In the higher cost of living environment of Oz at the moment, hardly makes Super worthwhile in your case.

Having a non-elligable spouse makes it harder.About the only answer to that is to suddenly get sick "wink wink"enough for a friendly doctor to deem that you need a carer' that carer being your wife, making her elligable to receive a full single pension.

I hope that a good accountant (as opposed to a thieving "investment advisor')can sort out your affairs to your benefit.

cheers.

ozzy

[fishhooks]

I believe that I'm on the full rate for "one of a couple" My TW is quite a bit younger and won't be of pension age whilst I'm around!

Age Pension rates

Couple (each pf)

20 September 2011

$564.50

I am getting this $564.50, I don't think I'm in any special category with a tad under $200K, certainly will never be in the category of the Qantas boss!

[ozzydom]

I believe that I'm on the full rate for "one of a couple" My TW is quite a bit younger and won't be of pension age whilst I'm around!

Age Pension rates

Couple (each pf)

20 September 2011

$564.50

I am getting this $564.50, I don't think I'm in any special category with a tad under $200K, certainly will never be in the category of the Qantas boss!

Your quite correct mate, you fall under the category of COUPLE one eligible partner.

Seems to be a bit of an anomaly doesnt it. A single person living in Thailand gets $710 per fortnight while a person with a non eligible spouse and maybe children gets only $564.

Maybe it was Centrelink who said "Two can live cheaper than one".

Solution...Divorce the wife and go on Single person OAP.Dont tell her I said that

[chokdee69]

Under the current Centrelink guidelines it appears that most in this forum would need to return to Australia for 2 years to activate their residential status. What happens to those who are self funded and living outside of Australia and their funds dry up. Can they return to Australia and immediately claim the age pension or play Centrelinks game by returning to Australia and going on a 2 year hunger strike waiting for their residential staus to be restored.

[guapo]

Surely there must be a way to get those morons to think with their head and not their asses.

In Australia, and this is a fact, if any one bleaches, brakes, commits any injustice of any sort (big or minute)….the LAW is enforced to the full extent. That to me means that they have money and time to waste, or they are genuine or else pretend to be seen as if Australian Law is unique in the world. assuming they are genuine, if that is the case, then the process should work both ways, we should have the same powers and have the ruling changed.

Center link will not admit that the two year ruling is a loophole, they call it legislation, but who in the right frame of mind could have masterminded such a con. Everybody understands that if they did it to protect the interest of Australians, trying to stop new comers from rotting the system, that’s understandable, but when they include long standing citizens in this equation, then they deliberately wanted to screw us, period.

We do have rights, in facts more rights than they do, we pay their salary, and not the other way around, we keep them employed so that one day they too can claim the AOP.

I have exhausted all avenues, Politicians are not interested, to bissy fattening their own bellies, Senators and MPS don’t bother unswerving mail, too much stress for their little brains, The Prime Minister office did answer back to my mail stating that a reply would be forthcoming (that was 3 mths ago) Centerlink cronies keep rolling on the ground laughing their heads off, telling me if you don’t like it …change the legislation,

The Australian Human Rights Commission washes their hands by saying that they can not investigate actions which are a direct result of the operation of a law. This means that if decisions made about rates of pay have been made according to the law that Centrelink administers, the Commission would not be able to investigate these concerns</SPAN>

The Ombudsman keeps referring me to contact Welfare Rights (an independent organization) to enquire about lodging an appeal with the Social Security Appeals Tribunal (SSAT). The SSAT is an independent body and the first level of external review, done all that, but to date no reply.

The Liaison Officer that holds Ministerial responsibility for Social Welfare payments, advises me to refer to the Centerlink web page.

Who else is left?...the opposition is not in any position to do anything because they are not in office, my local MP keeps sending me links to the Centerlink web page, I have been going around in circles for so long that I dug a hole a mile deep.

But cheer up guys, it’s not over yet, we need to locate and communicate with other old citizen that have been treated in the same manner after having been subservient to a government that couldn’t care less about it’s citizens, we need to nudge them along like little children, and hold their hands while they re sign the legislation.

[ozzydom]

Under the current Centrelink guidelines it appears that most in this forum would need to return to Australia for 2 years to activate their residential status. What happens to those who are self funded and living outside of Australia and their funds dry up. Can they return to Australia and immediately claim the age pension or play Centrelinks game by returning to Australia and going on a 2 year hunger strike waiting for their residential staus to be restored.

If you return to Oz aged 65 you can get the OAP straight away (less processing time but paid from date of application)BUT,,,then you have to reside in Oz for 2 years until your pension becomes portable.

[ozzydom]

Surely there must be a way to get those morons to think with their head and not their asses.

In Australia, and this is a fact, if any one bleaches, brakes, commits any injustice of any sort (big or minute)….the LAW is enforced to the full extent. That to me means that they have money and time to waste, or they are genuine or else pretend to be seen as if Australian Law is unique in the world. assuming they are genuine, if that is the case, then the process should work both ways, we should have the same powers and have the ruling changed.

Center link will not admit that the two year ruling is a loophole, they call it legislation, but who in the right frame of mind could have masterminded such a con. Everybody understands that if they did it to protect the interest of Australians, trying to stop new comers from rotting the system, that’s understandable, but when they include long standing citizens in this equation, then they deliberately wanted to screw us, period.

We do have rights, in facts more rights than they do, we pay their salary, and not the other way around, we keep them employed so that one day they too can claim the AOP.

I have exhausted all avenues, Politicians are not interested, to bissy fattening their own bellies, Senators and MPS don’t bother unswerving mail, too much stress for their little brains, The Prime Minister office did answer back to my mail stating that a reply would be forthcoming (that was 3 mths ago) Centerlink cronies keep rolling on the ground laughing their heads off, telling me if you don’t like it …change the legislation,

The Australian Human Rights Commission washes their hands by saying that they can not investigate actions which are a direct result of the operation of a law. This means that if decisions made about rates of pay have been made according to the law that Centrelink administers, the Commission would not be able to investigate these concerns</SPAN>

The Ombudsman keeps referring me to contact Welfare Rights (an independent organization) to enquire about lodging an appeal with the Social Security Appeals Tribunal (SSAT). The SSAT is an independent body and the first level of external review, done all that, but to date no reply.

The Liaison Officer that holds Ministerial responsibility for Social Welfare payments, advises me to refer to the Centerlink web page.

Who else is left?...the opposition is not in any position to do anything because they are not in office, my local MP keeps sending me links to the Centerlink web page, I have been going around in circles for so long that I dug a hole a mile deep.

But cheer up guys, it’s not over yet, we need to locate and communicate with other old citizen that have been treated in the same manner after having been subservient to a government that couldn’t care less about it’s citizens, we need to nudge them along like little children, and hold their hands while they re sign the legislation.

Wait for it ,you havnt seen anything yet.

Nearly all countries with a welfare system are either lowering pensions or making it harder to access them,some ,like Oz are raising the pension age others by lowering the payment rates.

Politicians are not fussed because they get generous pension based on terms served in Parliament ,usually an amount that would preclude them from pensions under the assets and income provisions.

They say that the current pension schemes are unaffordable because we are living longer than anticipated when the regulations were drafted.

It seems that they know the problem but are failing to find the answer.

[chokdee69]

The 2 year law was brought in by the Howard government but has never even been reviewed let alone revised by the current government. The law as it stands does has some merit restricting people from accessing the age pension after using Australia for their own convenience then returning back to their country of birth once they're cashed up. Greeks were notorious for making their wealth in the lucky country, then returning to Greece on retirement cashed up and drawing 2 pensions. Ironically the federal government has now committed itself to give financial backing to the EU in it's bid to bail Greece out of it's financial turmoil. They're giving away our money, we invested our labour in Australia for 40 plus years for what..... Jack Shit.. Next thing they'll legislate against Aussie expats from accessing their tax free superannuation outside of Australia.

[seekingfriends]

The 2 year law was brought in by the Howard government but has never even been reviewed let alone revised by the current government. The law as it stands does has some merit restricting people from accessing the age pension after using Australia for their own convenience then returning back to their country of birth once they're cashed up. Greeks were notorious for making their wealth in the lucky country, then returning to Greece on retirement cashed up and drawing 2 pensions. Ironically the federal government has now committed itself to give financial backing to the EU in it's bid to bail Greece out of it's financial turmoil. They're giving away our money, we invested our labour in Australia for 40 plus years for what..... Jack Shit.. Next thing they'll legislate against Aussie expats from accessing their tax free superannuation outside of Australia.

hi chok . will keep following this story with interest. james

[ozzydom]

The 2 year law was brought in by the Howard government but has never even been reviewed let alone revised by the current government. The law as it stands does has some merit restricting people from accessing the age pension after using Australia for their own convenience then returning back to their country of birth once they're cashed up. Greeks were notorious for making their wealth in the lucky country, then returning to Greece on retirement cashed up and drawing 2 pensions. Ironically the federal government has now committed itself to give financial backing to the EU in it's bid to bail Greece out of it's financial turmoil. They're giving away our money, we invested our labour in Australia for 40 plus years for what..... Jack Shit.. Next thing they'll legislate against Aussie expats from accessing their tax free superannuation outside of Australia.

hi chok . will keep following this story with interest. james

Greeks, as with a lot of people of ethnic background were also notorious for the huge amount of hours they dedicated to the businesses they established.

If they were financially successful ,good luck to them,they worked for it .

Is they Greek in this instance ,any different in wanting to see out their days in a different country any different to the Oz that wants to retire to Thailand.

I think not.

As for pensions ,they do not receive two pensions as such, Centrelink only tops up any pension they are entitled to in their country of birth to equal the Australian pension.which they must obviously have earned the right to.

[bridge2bridge]

Just to add to all the confusion over aged pension payments.

I was in Aus in October and I went to Centrelink to try and find out what the rules are. I was told I would be eligible for the full pension but that I would not be eligible for payments until 2 years AFTER I turned 65. In other words for people who were living overseas before the age of 65 and who re entered the country to make the application, then returned to their overseas home, payments would not begin for 2 years.

Of course we have also had a change of goverment so who knows what changes to the existing legislation are in store.

Sorry but this is wrong, if you have lived outside Australia and then apply for the aged pension you CAN NOT live outside Australia for 2 years, but you still get paid from the date you turn 65.

[bridge2bridge]

Here is my story on the 2 year period of restricted o/seas travel and impact on your pension.

Guess my story is similar in part to some of what has been reported her.

I returned to Australia after 6 years overseas a few months after I turned 65 and having been an Australian resident for nearly 60 of my 65 years I was entitled to a pension. I was accompanied back by my wife who now has a permanent visa for Aust. and being younger is classed as being a contributor to income, she has a very modest bank account o/seas and no property of other income(actually she is a full time PhD student). I have no overseas income or interests so was granted a partial pension as I own a local investment property as well as a home in which we live, an old car and a few hundred dollars worth of furniture etc. and a modest bank account - so nothing unusual and I considered the pension granted was within the guide lines etc etc. However, as I had been overseas for 6 years I was assessed as having to stay in Australia for the next 2 years otherwise I would lose my pension.

At the time I protested this decision but was advised in writing from the local CL office that this was the rule and that was that. I therefore started looking into the rules and the Act and found that I thought was their error. To cut the story short, I had two exchanges of letters plus phone calls with CL to still be told that NO cannot leave the country without it affecting your pension (not cancel but suspend payments plus all the involved paper work). A short time later, I needed to go to the CL office to report some financial changes so I took the opportunity to raise the issue with the CL officer at the time- she had a good listen to what I had to say, looked at the earlier letters from myself and CL and asked if I wanted to request an official review by a senior officer to which I agreed.

My request for review was, I considered myself to be a resident of Australia on an extended o/seas holiday; I had property in Aust., paid local taxes, maintained medical insurance, returned to Aust. on a regular basis, didn't have permanent residency in any other country, didn't own any property and didn't have any income from o/seas.

This was put straight into the system via the CL computer and was advised I would have an answer within 30 days plus the CL officer also told me that she would be very interested in the outcome. About 3.5 weeks after this went into the system, I received a phone call for a CL officer saying she was the senior officer reviewing my request; she had a couple of questions for me. A few days later she called back to tell me my request for a review was successful and I was to be classified as a full time resident and the 2 year period didn't apply.

So if you are in a similar situation do not accept the local CL office decision, fight it ask for an official review by a senior officer but have your fact right with the necessary documentation.

Artisi.

GREAT review, i am in the exact same position but only been outside oz for 3 years, i have to go to oz in May to claim oap so i will do as you did if i have aproblem.

Thanks Again for this post.

All the best.

Graeme.