Australian Aged Pension

[giddyup]

2 hours ago, sceadugenga said:

He spoke to a person in that section and was told (on three occasions) that he would suffer perhaps a minor loss of some pension such as housing and electricity allowance but would be able to have portability of his pension. This was certainly not the correct advice.

 

He unfortunately did not get that in writing (although even if he did it is doubtful if that would have helped him, but it certainly may have been of help with any compensation claim he might make). Had he got it in writing, one would assume that the officer concerned would have had to have checked with a superior to authorise that assurance, and hopefully the correct situation would have been told to him.

 

Centrelink give out very little in writing, if you speak to them on the phone ask for a reciept number for the call, this allows you to trace the officer you spoke to if you need to.

Just before I moved to Thailand I went into a local Centrelink to advise them of my house sale and that I would be moving to Thailand. I was told quite adamantly by  a CL officer that my aged pension would cease immediately I left Australia. I explained that I had already checked with CL's international office and was advised my pension was transportable. The woman in CL, said that wasn't correct, I would lose my pension. I said I'll wait while you check, knowing full well she was wrong. She begrudgingly apologised for misleading me, but here's the kicker. Out of spite she stopped my pension anyway after I left and I had to ring the CL international branch to get it reinstated.The b*tch just didn't like being proven wrong, and it just goes to show that a lot of CL workers don't know their arse from a hole in the ground.

[David Walden]

7 hours ago, rhodie said:

Yes, interesting reading thanks @moojar.

The link to the lost case is of interest because there was no grey areas in the case of the defendant. He sold up and left Australia to reside in the Philippines. He came back after 3 years to visit his sick father and to claim the pension, but made it clear that his base was in the Philippines.

 

"confirmed the statement he made previously to a Centrelink officer that he ... intends returning to live in the Philippines 25/9/2013 and that will be his base. He will travel back to Australia from time to time to visit family. He also stated that he rented the house in Philippines to go back to and that he enjoys living in the Philippines."

 

So, hopefully where those of us who are on extended holidays returning to Australia 3 times a year and have a fixed address there, pay taxes and utilities and still "reside" there may have a chance. 

It almost seems from this information that he wanted to be the victim

[David Walden]

17 minutes ago, giddyup said:

Just before I moved to Thailand I went into a local Centrelink to advise them of my house sale and that I would be moving to Thailand. I was told quite adamantly by  a CL officer that my aged pension would cease immediately I left Australia. I explained that I had already checked with CL's international office and was advised my pension was transportable. The woman in CL, said that wasn't correct, I would lose my pension. I said I'll wait while you check, knowing full well she was wrong. She begrudgingly apologised for misleading me, but here's the kicker. Out of spite she stopped my pension anyway after I left and I had to ring the CL international branch to get it reinstated.The b*tch just didn't like being proven wrong, and it just goes to show that a lot of CL workers don't know their arse from a hole in the ground.

That's what I have been trying to say.  If you want get a job in the commonwealth public service and you qualify.  When you are seeking a position tell them you would love to work in Centrelink that will get you in. It's the last place most new applicants want to go to.   

[sceadugenga]

Maybe if the Centrelink officer had had the same legal obligations as the police and was obliged to warn him of the consequences of any statement he made it may have had a different ending.

[David Walden]

2 minutes ago, sceadugenga said:

Maybe if the Centrelink officer had had the same legal obligations as the police and was obliged to warn him of the consequences of any statement he made it may have had a different ending.

Yes yes yes, and I just saw a flock of polar bears flying past to the The South Pole.

[4MyEgo]

7 hours ago, Lizard2010 said:

A single Australian living in Thailand

Is a Long Stay Tourist

We have No Residency Here

As per the Tourist Minister at a Long Stay Tourist Seminar In Chiang Mai

The Minister is in control of Xpats

So our country can not say we are a resident of Thailand

As we only have A Visa then a Visa Extension to live here

 

I believe Medicare is another thing

We also need clarification on

With the 5 year Rule

 

 

 

The legislation is "law" made by and voted by the politicians, its all about your "Abode" which could be a park as far as it is quoted in the legislation, so don't get confused about the word "resident", it your usual place of "Abode", where you reside/live/hangout most of the year

[David Walden]

On 10/6/2017 at 8:26 AM, David Walden said:

Time usually heals all wounds...quote from my Dad who was ambulance officer in WW1 at Galippolli. in the 8 th Light Horse, 3 battles of Gaza and later to France.  

You are not likely to get much from the ombudsman, They only get involved if there is evidence of foul play.  An application would need to be made and rejected before that could happen.

[4MyEgo]

Gentlemen, NEVER believe what someone advises you as much as you want to believe it, sure use it as a guide, but always refer to or ask to be referred to the actual written guide or legislation, the links below are of interest regarding pension portability, and the best way to go about getting your pension.

 

Copy and pasted for your perusal is the bottom of the first link:

 

If people overseas ask about getting a pension on return to Australia, great care should be taken to give them complete and accurate information about the residence provisions and their subsequent portability entitlements. A claim for pension can be lodged by a former resident ONLY IF, on the evidence available, there is a clear intention to remain permanently in Australia. A person who intends to return to Australia for a 24 month period only would not be an 'Australian resident' as per SSAct subsection 7(2).

It is important to inform a recipient that there is NO discretionary power allowing portability of pensions during the first 24 months of resumed Australian residency. However, payment may be suspended for the period of the short overseas absence 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) should not impact on the end date of this 24 month residence period (i.e. the absence still counts towards the person's 24 month residence period).

 

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

 

The reading gets more and more addictive, as the one below this one nails it, from my understanding, you are better off returning at least 2 years prior to applying for the old age pension. Read on for those interested in creating the absolute plan that will work in their favour:

 

http://guides.dss.gov.au/guide-social-security-law/3/1/1/10

[bazza73]

55 minutes ago, giddyup said:

Just before I moved to Thailand I went into a local Centrelink to advise them of my house sale and that I would be moving to Thailand. I was told quite adamantly by  a CL officer that my aged pension would cease immediately I left Australia. I explained that I had already checked with CL's international office and was advised my pension was transportable. The woman in CL, said that wasn't correct, I would lose my pension. I said I'll wait while you check, knowing full well she was wrong. She begrudgingly apologised for misleading me, but here's the kicker. Out of spite she stopped my pension anyway after I left and I had to ring the CL international branch to get it reinstated.The b*tch just didn't like being proven wrong, and it just goes to show that a lot of CL workers don't know their arse from a hole in the ground.

The run-of-the-mill Centrelink employee can vary considerably in skills. I once had to explain to one of them what a call option was, and even after my explanation they looked rather dazed.

In my experience, the only Centrelink employees who are consistently high quality are the Financial Services Officers.

They know their stuff, and give unbiased advice.

[sceadugenga]

Anything involving portability or travel I'd ring Centrelink International, the information will be usually more reliable than that given over the desk at your local office.

[sceadugenga]

As of March 2017, there were 82,708 Australians retirees – or 3.31 per cent – collecting their pension overseas, up from 2.9 per cent ten years ago. The number of pensioners living overseas is six times what is was 30 years ago.

Most of those were living in New Zealand (16,432) followed closely by Italy, Greece and Spain, data provided by the Department of Social Services showed.

 

https://www.domain.com.au/news/australians-lured-overseas-by-exotic-retirement-and-cheaper-property-20171008-gyqg37/

[Lizard2010]

On 10/7/2017 at 7:15 PM, bazza73 said:

The run-of-the-mill Centrelink employee can vary considerably in skills. I once had to explain to one of them what a call option was, and even after my explanation they looked rather dazed.

In my experience, the only Centrelink employees who are consistently high quality are the Financial Services Officers.

They know their stuff, and give unbiased advice.

I agree with you

When i was back home end of march

I asked fro a temporary Healthcare Card

As soon as you arrive they send one out 

As being linked to Immigration they know you are back in the country

i needed it the next day

To get my medical check and my meds cheap from the System

As was only in the country for 2 weeks

The lady said i had to ring International office

I did

Was told go go tell them to give me one

I did that got a different lady

She knew what i wanted

Then had to wait

Obviously they are not all trained  the same  way for their work

[sceadugenga]

I think that like most public servants it would be "learn on the job".

Subsequently most would only deal with the unemployed and pension applications, they would not see a lot of portability cases.

This is why I believe it's best to go through International Services.

[Nemises]

I think that like most public servants it would be "learn on the job".
Subsequently most would only deal with the unemployed and pension applications, they would not see a lot of portability cases.
This is why I believe it's best to go through International Services.

I spoke with a Financial Officer last week by calling 132 300. The guy I got was VERY knowledgeable regarding pension portability.

We discussed my portability inquiry at length. I told him that I “live” in Aus at my brother’s house for 2 weeks in between 3 month “holidays” to Thailand and asked if I would qualify for portability if I did this for the next 5 years prior to retirement age. He replied with words to the effect of “no way Jose!....you’ll need to do 2 years home detention first ol’ mate”

It was the answer I was expecting but just wanted to confirm.

[4MyEgo]

1 hour ago, Gregster said:

 

I spoke with a Financial Officer last week by calling 132 300. The guy I got was VERY knowledgeable regarding pension portability.

We discussed my portability inquiry at length. I told him that I “live” in Aus at my brother’s house for 2 weeks in between 3 month “holidays” to Thailand and asked if I would qualify for portability if I did this for the next 5 years prior to retirement age. He replied with words to the effect of “no way Jose!....you’ll need to do 2 years home detention first ol’ mate”

It was the answer I was expecting but just wanted to confirm.

 

As your probably aware, if stay in Australia for 183 days in a financial year, 2 years prior to leaving to go and live overseas, or should we say, you advising them when approved that you are going on an extended holiday, and retain your residency in that two years prior to leaving, i.e. by keeping a motor vehicle, el cheapo in your name for the two years, furniture, keep your membership of clubs up to date with your brothers address on them, same for drivers licence etc etc, you should be ok as an Australian resident, if they reject you, an appeal should see through it, if not, its another two years. 

[Nemises]

As your probably aware, if stay in Australia for 183 days in a financial year, 2 years prior to leaving to go and live overseas, or should we say, you advising them when approved that you are going on an extended holiday, and retain your residency in that two years prior to leaving, i.e. by keeping a motor vehicle, el cheapo in your name for the two years, furniture, keep your membership of clubs up to date with your brothers address on them, same for drivers licence etc etc, you should be ok as an Australian resident, if they reject you, an appeal should see through it, if not, its another two years. 

Thanks Ego. Yes, I am aware of and have already considered what you say. But in my particular case it may not work as brother has no room for my furniture and nowhere to park my car. I have heaps of club memberships and licences etc but unless circumstances change in regards to finding another relative to store my stuff, I’m pretty much resigned to serving my 2 year sentence and bringing the Thai gf over for occasional hols during that time. I’m also not keen on appealing and having all details posted on their website [emoji22]

Keep us posted on how YOU go!

[4MyEgo]

49 minutes ago, Gregster said:

 

Thanks Ego. Yes, I am aware of and have already considered what you say. But in my particular case it may not work as brother has no room for my furniture and nowhere to park my car. I have heaps of club memberships and licences etc but unless circumstances change in regards to finding another relative to store my stuff, I’m pretty much resigned to serving my 2 year sentence and bringing the Thai gf over for occasional hols during that time. I’m also not keen on appealing and having all details posted on their website

Keep us posted on how YOU go!

 

I'm a decade off that mate, if I get near to the age of 67.5, will have to unload some of my assets 5 years prior, also divorce the wife about the same time, and return 2 years prior to the qualifying OAP age, but as I have never been one to be a bludger, so can't see me going on the dole, so will probably work at some store or Woolworth's as a senior, bu then again that would depend on my state of health, .....lol

[nev]

Originally expecting my pension at 65 they put that up to 67 and now I discover I miss out on staying at 67 years now I have to wait another 6 months.

Who knows in the next 8 years if they will have found a way of increasing until I am 70.

 

[4MyEgo]

2 hours ago, nev said:

Originally expecting my pension at 65 they put that up to 67 and now I discover I miss out on staying at 67 years now I have to wait another 6 months.

Who knows in the next 8 years if they will have found a way of increasing until I am 70.

 

Don't want to burst anyone's bubble but from a quick Google search:

 

The current eligibility age is 65 years, and will gradually increase to 67 years between July 2017 and July 2023. But what happens after then is up for debate. The government has recently reaffirmed its commitment to a policy, first proposed in 2014, to boost the pension age to 70 between 2025 and 2035.

 

FORCING Australians to work until they are 70 will save the federal government more than $3.6 billion in just four years, new data has revealed.

 

And that doesn’t include the extra five years or so of ­income tax the government can enjoy ­extracting from those who can’t afford to retire without a pension.

 

Yet there are no signs of an increase in the age at which our federal politicians can ­access their generous pensions, which will be just 60 in 2025.

 

The May Budget reaffirmed the plan to increase the pension age by six-month increments from 67 years to 70 over the decade starting in 2025.

 

Need I say more...

 

[superglue]

Australians residing overseas have additional hoops to jump. Live in LOS & you must return to Oz for 2 years.

There are no exceptions as I have just discovered.

[giddyup]

1 hour ago, superglue said:

Australians residing overseas have additional hoops to jump. Live in LOS & you must return to Oz for 2 years.

There are no exceptions as I have just discovered.

You just found that out?

[superglue]

48 minutes ago, giddyup said:

You just found that out?

 

No smart ass.

Due to my physical disability I was seeking an exception from the Minister.

 

[David Walden]

6 hours ago, superglue said:

 

No smart ass.

Due to my physical disability I was seeking an exception from the Minister.

 

Nice to see your on the right track superglue.  I hope all turns out well for you.   Not always but I have actually met some really nice Polleys.  Maybe we sometimes think they are no good but I have never meet a lazy one.

[giddyup]

6 hours ago, superglue said:

 

No smart ass.

Due to my physical disability I was seeking an exception from the Minister.

 

You didn't say that though, did you? You'd have to be living under a rock not to know about the 2 year rule, and that's what I was responding to.

[superglue]

I have been communicating with an employee from Human Services. He contacted me after I emailed the Minister.

I am aware of the legislation relating to being in Oz for 2 years prior to being eligible for the OAP.

I sought exemption on the basis of my situation viz disabled and having no communication with relatives.

There are no hardship provisions within the Act so I will not be going to Oz.

I advised officer that he was signing my death warrant. He apologized but stated that he was unable to do anything about it.

 

For the rest of you there is the opportunity to meet the requirements and attain a good outcome.

 

GOOD LUCK 

[David Walden]

On 10/10/2017 at 6:22 AM, superglue said:

I have been communicating with an employee from Human Services. He contacted me after I emailed the Minister.

I am aware of the legislation relating to being in Oz for 2 years prior to being eligible for the OAP.

I sought exemption on the basis of my situation viz disabled and having no communication with relatives.

There are no hardship provisions within the Act so I will not be going to Oz.

I advised officer that he was signing my death warrant. He apologized but stated that he was unable to do anything about it.

 

For the rest of you there is the opportunity to meet the requirements and attain a good outcome.

 

GOOD LUCK 

You should remember Superglue that the Centrelink employee would be reading from a long time prepared directive.  As I have no information of your personal situation my advice is if you can put your situation in writing (snail mail is best)  post them off to various Politicians, charity groups, church charities or anyone you feel can assist with accommodation within their organisation, so that you can qualify with the 2 year residency requirement, include lots of emotion.  It may now  depend how good you are at writing letters.

[superglue]

David

Thank you for your input but @ age 69, I prefer to put this saga behind me.

 

[keithpa]

20 hours ago, superglue said:

David

Thank you for your input but @ age 69, I prefer to put this saga behind me.

 

I advised you what to do re the medical report about your disabilities and unable to travel. Never heard back from you. If you didnt do that, which I very much believe, then, yes, put this saga behind you. After all, we are only taking about 390.000 baht P.A,.

[superglue]

Just now, keithpa said:

I advised you what to do re the medical report about your disabilities and unable to travel. Never heard back from you. If you didnt do that, which I very much believe, then, yes, put this saga behind you. After all, we are only taking about 390.000 baht P.A,.

 

I have made the decision. No.

I am 69yo & confined to a wheelchair.

I received 2 calls from an employee of Family Services.

He stated that my chances were zero even on compassionate grounds.

[keithpa]

9 minutes ago, superglue said:

 

I have made the decision. No.

I am 69yo & confined to a wheelchair.

I received 2 calls from an employee of Family Services.

He stated that my chances were zero even on compassionate grounds.

I don't care anymore. Over and out. P.S. I wont even mention the Commonwealth Ombudsman.