Does anyone know how long you have to be outside Aus to be considered to be not a resident ?

I have read and reread lots of stuff and I cant see this ruling.

I have been in Aus for 65 years, but 1 year out and I was refused an OAP ??

Does anyone know how long you have to be outside Aus to be considered to be not a resident ?

I have read and reread lots of stuff and I cant see this ruling.

I have been in Aus for 65 years, but 1 year out and I was refused an OAP ??

My understanding is that being classified as a non resident is not specifically linked to how long you have resided outside of Australia. When you applied were you actually living in Oz or visiting? If only returning for a short time, such as visiting family, the application will be refused. It's wrong, but that's the policy. If granted you will have to remain in Oz for two years, prior to returning to Thailand, for OAP to be paid offshore. Again it's unfair, but that's the current policy. Have you requested a written clarification on why your pension application was turned down? Other posters have had the OAP declined and on appeal have had the Aged Pension approved, but you must be living in Oz.

Thanks, I went to Thailand and I stayed a lot longer than anticipated, I then returned home and I applied in Australia where I live.

I am living here not visiting.

The frustrating thing is that noone will answer my questions, the replies are typically- "it depends"

I am still " discussing" the situation so I am not at the end yet.

Thanks, I went to Thailand and I stayed a lot longer than anticipated, I then returned home and I applied in Australia where I live.

I am living here not visiting.

The frustrating thing is that noone will answer my questions, the replies are typically- "it depends"

I am still " discussing" the situation so I am not at the end yet.

I'm sure more than a few people will be interested in the outcome. If it's not asking to much would you mind updating with a few details when finalised one way or the other?

If there are any Veterans out there that are Retired here in Thailand, you can apply to the Department of Veteran Affairs (DVA) to have your Fortnightly Payment paid directly into your Thai Bank Account.

http://www.dva.gov.au/eligibilityandclaims/Pages/overseas.aspx

Does anyone know how long you have to be outside Aus to be considered to be not a resident ?

I have read and reread lots of stuff and I cant see this ruling.

I have been in Aus for 65 years, but 1 year out and I was refused an OAP ??

Please challenge their decision. They Centrelink, are trying to bluff people all the time, trying to save the Gov money. Contact welfare rights in your capitol city and ask them to look at your case. Once Welfare rights become involved Centrelink will usually take a step back and change their decision.

To answer your question; different departments have different rules regarding residency, its different for taxation, Centrelink, Medicare etc.

http://www.australianpensioner.org/

http://www.welfareri...au/default.aspx

Hi all.

I haven't read all the 30 or so pages on this thread so I might be repeating someone else, but here goes anyway.

I'm 64 & still working. Married to a Thai national who has been here in Oz since we married in 2009. We intend to retire in Thailand shortly after I turn 65.

I visited CL offices & called on several occasions re receiving aged pension while residing in Thailand with very conflicting results. I've called CL International Services in Hobart, on 2 occasions lately asking the same advice. Reason for the 2 calls was to ensure getting same answers.

Both answers almost identical to the word.

1. Having resided and working in Australia for more than 25 years.

2. Having not been overseas for any prolonged period in the 2 years prior to applying for aged pension.

3. Will have to be in Australia when claim for aged pension made.

4. Will have 12 months grace period to provide evidence of purchase of home or property overseas before any means testing for aged pension.

Conform with all of the above & fortnightly payment of aged pension will be deposited in my Australian bank account regardless of where I live. One guy commented that if I apply to have money deposited in OS bank that can be arranged, no problem.

International Services

International Services will provide members of the public with information and advice about international pensions.

International Services also has a dedicated Helpdesk to assist DHS staff.

Call 131 673 from within Australia, or seeInternational numbers if you are outside Australia.

Hope this is of some assistance.

Cheers.... Mal.

Same as Malt25 says with the exception that this years budget extended the residency from 25 to 35 years and the duty free "Tobacco allowance" from 250gms to 50gms.

Hi all.

I haven't read all the 30 or so pages on this thread so I might be repeating someone else, but here goes anyway.

I'm 64 & still working. Married to a Thai national who has been here in Oz since we married in 2009. We intend to retire in Thailand shortly after I turn 65.

I visited CL offices & called on several occasions re receiving aged pension while residing in Thailand with very conflicting results. I've called CL International Services in Hobart, on 2 occasions lately asking the same advice. Reason for the 2 calls was to ensure getting same answers.

Both answers almost identical to the word.

1. Having resided and working in Australia for more than 25 years.

2. Having not been overseas for any prolonged period in the 2 years prior to applying for aged pension.

3. Will have to be in Australia when claim for aged pension made.

4. Will have 12 months grace period to provide evidence of purchase of home or property overseas before any means testing for aged pension.

Conform with all of the above & fortnightly payment of aged pension will be deposited in my Australian bank account regardless of where I live. One guy commented that if I apply to have money deposited in OS bank that can be arranged, no problem.

International Services

International Services will provide members of the public with information and advice about international pensions.

International Services also has a dedicated Helpdesk to assist DHS staff.

Call 131 673 from within Australia, or seeInternational numbers if you are outside Australia.

Hope this is of some assistance.

Cheers.... Mal.

I have just called Centrelink international services based upon your comment in line item 2. They informed this is not correct. If you have been living out side of Australia for say three years, and upon return apply for the Aged Pension the application will be granted on the basis of a "returned resident" so long as you met the criteria for an Aged Pension. They went on to say that once granted you will be obliged to remain in Australia for a minimum of two years to receive continued payments, if you then decide to leave payments can be made to your overseas bank account in Australian dollars

Same as Malt25 says with the exception that this years budget extended the residency from 25 to 35 years and the duty free "Tobacco allowance" from 250gms to 50gms.

However, if not meeting the 35 year rule that comes into force for applicants in 2014, the Aged Pension will be pro rata

I think we might be splitting hairs here. Line 2 is correct inasmuch as applying for the aged pension, one criteria looked at by Centrelink is where one has resided for the 2 years prior to lodging the application. Returned resident status is another situation. Outcome might be the same. As told by Centrelink staffer "As long as you have resided in Australia for the 2 years prior to your aged pension application you won't have an issue with that criteria"

So, what's incorrect ? May be you could start a new thread on applying for aged pension as a returned resident ? Just a thought.

And I still hope this is of some assistance.

I think we might be splitting hairs here. Line 2 is correct inasmuch as applying for the aged pension, one criteria looked at by Centrelink is where one has resided for the 2 years prior to lodging the application. Returned resident status is another situation. Outcome might be the same. As told by Centrelink staffer "As long as you have resided in Australia for the 2 years prior to your aged pension application you won't have an issue with that criteria"

So, what's incorrect ? May be you could start a new thread on applying for aged pension as a returned resident ? Just a thought.

And I still hope this is of some assistance.

Conflicting advice from Centrelink... I did ask for the documented criteria for acceptable "returned resident status", but advised "at the discretion of the person assessing the application".

Hi All

Budget 2012-13: Australian Working Life Residency - strengthening requirements

Please note that the legislation to increase the Australian Working Life Residency (AWLR) requirement from 25 years to 35 years with effect from 1 January 2014 has not been passed at this stage. I have had conflicting responses from Centrelink International. FAHCSIA rather than Humanservices (Centrelink) are responsible for the legislation. The relevant phone number is 1300653227.

It is anticipated that the proposal will be discussed at length, and progress widely publicised, within the next few months.

If you have a complaint with a particular goverment department write a letter or send an email to the minister of that department. State what conflicting info you have been given. The politicians do not like voters complaining. Every department are require to expidite ministerial complaints.

I am not complaining about Centrelink. The incorrect information was provided by International Services, but an officer from another section , to whom I was referred by International Services, provided me with the correct contact details.

I'm also 64, and am receiving a superannuant pension. I will have lived in Thailand for nearly three years when I turn 65 and become eligible for a partial (top-up) OAP. The working life thing is not a factor.

I have no intention of returning to Australia for 2 years to qualify for the OAP. I would only return long enough to apply.

Given that, is there any way I can get this partial pension, or am I stuffed despite working and paying taxes in Australia for 45+ years (I'm still paying now)?

from Jan.1st 2014 there will be new law affecting all pensioners wether living in oz or outside oz...thanks to Julia

from Jan.1st 2014 there will be new law affecting all pensioners wether living in oz or outside oz...thanks to Julia

Old Croc

You may have to remain in Australia for two years. Please refer to posts #727 & #729

"Having not been overseas for any prolonged period in the two years prior to applying for the age pension".

I'm also 64, and am receiving a superannuant pension. I will have lived in Thailand for nearly three years when I turn 65 and become eligible for a partial (top-up) OAP. The working life thing is not a factor.

I have no intention of returning to Australia for 2 years to qualify for the OAP. I would only return long enough to apply.

Given that, is there any way I can get this partial pension, or am I stuffed despite working and paying taxes in Australia for 45+ years (I'm still paying now)?

Sorry OldCroc you have become a stuffed crock. Unless you are already on a disability pension now.

I'm also 64, and am receiving a superannuant pension. I will have lived in Thailand for nearly three years when I turn 65 and become eligible for a partial (top-up) OAP. The working life thing is not a factor.

I have no intention of returning to Australia for 2 years to qualify for the OAP. I would only return long enough to apply.

Given that, is there any way I can get this partial pension, or am I stuffed despite working and paying taxes in Australia for 45+ years (I'm still paying now)?

Sorry OldCroc you have become a stuffed crock. Unless you are already on a disability pension now.

I was on a partial disability pension, but it disappeared 13 weeks after coming here.

I suppose I could return before 65 and re-ignite it, if it means I automatically get the OAP?

All in all, for about 150 bucks a fortnight it may not be worth it. I have my super.

Old Croc

You can return to Australia and become immediately entitled to the OAP as soon as you reach 65 years. However, to have it paid overseas, you will probably be subject to the 2 year qualifying period. It may pay you to call Centrelink to explain your situation, before making a decision.

Yes, I have some decisions to make before next year.

Thanks for the imput guys.

Are there any Australian pensioners who retired to Thailand when they were getting the Australian pension (age 65plus), and are still there say 5 or six years later still getting their Australian pension ?

This site should answer all your questions and the web site at the foot of the page for any thing else.

Up to date as of the 1st October 2012

Disability Support Pension

If you leave Australia to live in another country you will not be able to receive the Disability Support Pension (DSP) in the other country, unless you:

• are terminally ill and are leaving Australia permanently to be with or near a family member, or to return to your country of origin, or
  
• left Australia prior to 1 July 2004, and at the time of leaving you were told that you could be paid indefinitely, and you have not returned to Australia to live since that time
  
• have been assessed in Australia prior to the departure as having a permanent, severe impairment and no future work capacity. Assessment involves a review of your DSP qualification and a Job Capacity Assessment.
  

In these cases, DSP can be paid for the total period that you are overseas. However, the amount that you receive may change.

When you leave Australia temporarily, you can usually continue to receive your DSP payments for up to 13 weeks while you are away.

DSP may be paid for a part, or all of the period of absence if you:

• are studying outside Australia as part of a full-time Australian course, or
  
• are severely disabled and dependent on and living with, a family member who has been temporarily posted to work outside Australia by their Australian employer.
  

If you stop receiving your DSP under the rules mentioned above when you leave Australia, you may be able to get a DSP from the country you are going to if it has a social security agreement with Australia that covers DSP. However, this normally requires you to be 'severely disabled'.

If you are travelling to New Zealand, your rate may be affected by the social security agreement between Australia and New Zealand.

For more information, such as whether the country that you are going to has a social security agreement with Australia, go to Countries that have a agreements with Australia^[2] or call International Services on 131 673.

Centrelink website

The Centrelink website (www.centrelink.gov.au) has been incorporated into the Department of Human Services website humanservices.gov.au^[1]. The new site is a convenient, single entry point for health, social and welfare payments and services.

This site should answer all your questions and the web site at the foot of the page for any thing else.

Up to date as of the 1st October 2012

Disability Support Pension

If you leave Australia to live in another country you will not be able to receive the Disability Support Pension (DSP) in the other country, unless you:

• are terminally ill and are leaving Australia permanently to be with or near a family member, or to return to your country of origin, or
  
• left Australia prior to 1 July 2004, and at the time of leaving you were told that you could be paid indefinitely, and you have not returned to Australia to live since that time
  
• have been assessed in Australia prior to the departure as having a permanent, severe impairment and no future work capacity. Assessment involves a review of your DSP qualification and a Job Capacity Assessment.
  

In these cases, DSP can be paid for the total period that you are overseas. However, the amount that you receive may change.

When you leave Australia temporarily, you can usually continue to receive your DSP payments for up to 13 weeks while you are away.

DSP may be paid for a part, or all of the period of absence if you:

• are studying outside Australia as part of a full-time Australian course, or
  
• are severely disabled and dependent on and living with, a family member who has been temporarily posted to work outside Australia by their Australian employer.
  

If you stop receiving your DSP under the rules mentioned above when you leave Australia, you may be able to get a DSP from the country you are going to if it has a social security agreement with Australia that covers DSP. However, this normally requires you to be 'severely disabled'.

If you are travelling to New Zealand, your rate may be affected by the social security agreement between Australia and New Zealand.

For more information, such as whether the country that you are going to has a social security agreement with Australia, go to Countries that have a agreements with Australia^[2] or call International Services on 131 673.

Centrelink website

The Centrelink website (www.centrelink.gov.au) has been incorporated into the Department of Human Services website humanservices.gov.au^[1]. The new site is a convenient, single entry point for health, social and welfare payments and services.

Point 3 wasn't in effect when I left.

I could return, and am sure I would be assessed as unemployable and thus would retain a partial DSP until 65.

In that circumstance what would then happen? Would the OAP automatically be paid under the same conditions or would that 2 year living in Australia qualification kick in?

That's my quandary.

Hello all...definitive guideline on how centrelink makes decisions on residence and pensions is found here and on other attached pages

http://guidesacts.fahcsia.gov.au/guides_acts/ssg/ssguide-3/ssguide-3.1/ssguide-3.1.1/ssguide-3.1.1.10.html

It really covers lots of case studies and is obviously the bible as far as centrelink goes.

It even covers my situation of having worked overseas for 9 years leading up to 65. I now can read and understand what I need to do to demonstrate I am a returning resident. I need letters from my employers in Thailand explaining I was in Thailand exclusively for work purposes. This will help when I return to claim residence of OZ, put in the 2 years and then do as I please (eg become portable). The 35 years AWLR worries me as the squeeze is obviously beginning to hit home with pollies obviously falling in line with an electorially popular policy (teach those deserters a lesson...sound really good but is morally a carcass)

Good luck to all in your pursuits of the OAP. Read up on the Government site above to carefully determine your personal plan of action well before Centrelink Judgement Day. Cheers!!!

Hello all...definitive guideline on how centrelink makes decisions on residence and pensions is found here and on other attached pages

http://guidesacts.fa...e-3.1.1.10.html

It really covers lots of case studies and is obviously the bible as far as centrelink goes.

It even covers my situation of having worked overseas for 9 years leading up to 65. I now can read and understand what I need to do to demonstrate I am a returning resident. I need letters from my employers in Thailand explaining I was in Thailand exclusively for work purposes. This will help when I return to claim residence of OZ, put in the 2 years and then do as I please (eg become portable). The 35 years AWLR worries me as the squeeze is obviously beginning to hit home with pollies obviously falling in line with an electorially popular policy (teach those deserters a lesson...sound really good but is morally a carcass)

Good luck to all in your pursuits of the OAP. Read up on the Government site above to carefully determine your personal plan of action well before Centrelink Judgement Day. Cheers!!!

Great info....I had contacted Centrelink international services re OAP and asked to be pointed to the criteria to be assessed as a returning resident. They claimed their is nothing documented for access by a claimant and it's down to the individual Centrelink officer to make the determination. Obviously this is still the case, but thanks to you I can now understand the basis for determination

Amazingly this subject and it's off shoots have been lingering here for nearly 5 years,

very important and touchy subject to many Aussie Ex-pats here no doubts,

I my self will be soon entitled to OAP and i have learned a lot from all the contributors here,

My sincere thanks to one and all,

Ive seen a story on pensioners living in Bali fulltime getting Aussie pensions. It was on A Current Affair.

Why would Thailand be any different?

Theres always the ombudsman. Ring him.