Australian Aged Pension

4MyEgo · June 18, 2018

51 minutes ago, Gregster said:

Yes, but when you sell your Aus house to return to Thailand your pension will be reduced/cancelled because you will exceed the OAP assets/deemed income test.

Got us by the short and curly's they do.

Back to the drawing board it is.

Thanks for the heads up mate.

CARLO BALDASSARRE · June 18, 2018

On 1/19/2008 at 9:03 AM, Artisi said:

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.

CARLO BALDASSARRE · June 19, 2018

When you leave Australia for more than 26 weeks

Your rate will depend on how long you were an Australian resident between the age of 16 and age pension age.

If you were an Australian resident for:

35 years or more your rate normally won’t change
less than 35 years you’ll normally get a lower rate, for example, if you were a resident for 10 years you’ll get 10/35ths of your usual rate

Your rate normally won’t change if you:

were an Australian resident for 25 years or more, and
were getting Age Pensio
Payment rates outside Australia

When you leave to live in another country

You’ll get an outside Australia rate, and your:
Pension Supplement will drop to the basic rate, and
Energy Supplement will stop
n or another Australian social security payment while living outside Australia on 1 July 2014

Pension rates and thresholds while outside Australia

How much pension while outside Australia	A$ amount per year single	A$ amount per year couple both eligible	A$ amount per year couple one eligible partner	A$ amount per year couple separated due to ill health
Maximum basic rate	21,481.20	32,385.60	16,192.80	21,481.20
Basic Pension Supplement	608.40	998.40	499.20	608.40
Total	22,089.60	33,384	16,692	22,089.60

Allowable income while outside Australia

Allowable income for	A$ amount per year single	A$ amount combined couple both eligible	A$ amount combined couple one eligible partner	A$ amount combined couple separated due to ill health
Full pension	up to 4,368.00	up to 7,800.00	up to 7,800.00	up to 7,800.00
Part pension	less than 48,547.20	less than 74,568.00	less than 74,568.00	less than 96,158.40

ALLL FOR ONE AND ONE FOR ALL...............................

Allowable assets while outside Australia

Allowable assets for	A$ amount per year single	A$ amount combined couple both eligible	A$ amount combined couple one eligible partner	A$ amount combined couple separated due to ill health
Full pension - homeowner	253,750	380,500	380,500	380,500
Full pension - non-homeowner	456,750	583,500	583,500	583,500
Part pension - homeowner	less than 537,000	less than 808,500	less than 808,500	less than 947,000
Part pension - non-homeowner	less than 740,000	less than 1,011,500	less than 1,011,500	less than 1,150,000

............................

LosLobo · June 19, 2018

4 hours ago, CARLO BALDASSARRE said:

On ‎1‎/‎19‎/‎2008 at 9:33 AM, Artisi said:

This is post is over 10 years old.. as they say....

“Time flies like an arrow; fruit flies like a banana.” ...

norbra · June 19, 2018

15 hours ago, 4MyEgo said:

Appreciate the heads up mate, and all advise is to be looked into of course and like you say, hopefully they don't move the goal posts in that time.

The going back to Thailand part is the cruncher, I mean if they extended the period absent i.e. the 2 weeks every 3 months, that would mean an extra 16 weeks or 4 months on the 2 years, which I could think I could manage, tough call though, but from what I have heard, they only allow you a short absence every year, I think its up to 4 weeks for holidays without adding that to the 2 year prison term, although that would have to be confirmed.

As for them being linked up, well aware of that.

Cheers

On my last visit to CL I was advised that the 2 year probation period would be reset to day 1,if I left the country for any reason,this was later confirmed by the International division where all enquiries of this nature can be answered and they answer the phone promptly

giddyup · June 19, 2018

1 minute ago, norbra said:

On my last visit to CL I was advised that the 2 year probation period would be reset to day 1,if I left the country for any reason,this was later confirmed by the International division where all enquiries of this nature can be answered and they answer the phone promptly

So you're not allowed an overseas holiday for 2 years? That's a bit harsh.

David Walden · June 19, 2018

3 hours ago, CARLO BALDASSARRE said:

When you leave Australia for more than 26 weeks

Your rate will depend on how long you were an Australian resident between the age of 16 and age pension age.

If you were an Australian resident for:

35 years or more your rate normally won’t change

less than 35 years you’ll normally get a lower rate, for example, if you were a resident for 10 years you’ll get 10/35ths of your usual rate

Your rate normally won’t change if you:

were an Australian resident for 25 years or more, and

were getting Age Pensio
Payment rates outside Australia

When you leave to live in another country

You’ll get an outside Australia rate, and your:

Pension Supplement will drop to the basic rate, and

Energy Supplement will stop

n or another Australian social security payment while living outside Australia on 1 July 2014

Pension rates and thresholds while outside Australia

How much pension while outside Australia A$ amount per year single A$ amount per year couple both eligible A$ amount per year couple one eligible partner A$ amount per year couple separated due to ill health
Maximum basic rate 21,481.20 32,385.60 16,192.80 21,481.20
Basic Pension Supplement 608.40 998.40 499.20 608.40
Total 22,089.60 33,384 16,692 22,089.60
Allowable income while outside Australia

Allowable income for A$ amount per year single A$ amount combined couple both eligible A$ amount combined couple one eligible partner A$ amount combined couple separated due to ill health
Full pension up to
4,368.00 up to
7,800.00 up to
7,800.00 up to
7,800.00
Part pension less than
48,547.20 less than
74,568.00 less than
74,568.00 less than
96,158.40
ALLL FOR ONE AND ONE FOR ALL...............................

Allowable assets while outside Australia

Allowable assets for A$ amount per year single A$ amount combined couple both eligible A$ amount combined couple one eligible partner A$ amount combined couple separated due to ill health
Full pension - homeowner 253,750 380,500 380,500 380,500
Full pension - non-homeowner 456,750 583,500 583,500 583,500
Part pension - homeowner less than
537,000 less than
808,500 less than
808,500 less than
947,000
Part pension - non-homeowner less than
740,000 less than
1,011,500 less than
1,011,500 less than
1,150,000
............................

Thank heavens, at last some truths are starting to filter through on this site...be careful I have been suspended on 2 occasions on this site for telling the truth about Australian Aged Pension (AAP)matters... by the way OAP was the term used 30 years ago they called the Old aged Pension by. It has been known as Australian Aged Pension (AAP) for a long time.

I put on this site 20 times that the asset threshold was $456,750 and lost count of the insults I received, as well as many others. If you you give accurate advice about the AAP on this site there will be lots of people who just hate the truth...and you as well.

ELVIS123456 · June 19, 2018

The probation period for portability for those who lived overseas and have returned to Australia and have claimed the OAP, allows for short overseas holidays/visits. I understand that as long as the trip/visit is under about 4 weeks, they will not add that period to the 'waiting period'. However, they (CLink) can delay portability or even restart the 2 years, if you at any point give them any indication that you are still residing overseas or have family overseas, and this 'visit' is in fact you returning to live there again. If they believe or decide that you are only staying in Aust for the 2 years and you will then go straight back overseas when portability is approved, they can make it very difficult. You would have to be unlucky and catch a particularly nasty feminazi at CLink, but that is what anyone should consider when they call to let them know they are going on a holiday overseas. I believe once a year is acceptable, but any more would not a very good reason to not raise red flags in the system.

When you first come back to Australia, and from that time/point forward and until portability is approved, you should state to everyone (every one) that you will be staying in Australia forever. Everyone includes everyone - family and friends - if anyone asks you, say you might go back for a while in the future, but probably not. People talk and some people talk too much and some talk to CLink (especially Exs who hear what you are up to). If you are going to return to Thailand during that 2 years, then you should make it very clear to CLink, before you leave, that you are going on a holiday and to visit some friends. If they know you have a GF/wife and/or kids, then I recommend that you tell them that it is your intention to help her/them apply for a Migrant Visa to come and live with you in Aust. This gives an ideal reason to go and stay in Thailand after portability obtained - she/they dedided they didnt want to migrate :)

Regarding where to live/stay in Australia, the answer very much depends upon your financial situation. Given that it is likely to be not great, then my advice is to rent while in Aust - because if you do buy and thyen sell before you leave, then it will affect your ability to get the pension - both as income (deeming) and as an asset. Getting a job is unlikely too, and therefore you will need to be on Newstart and therefore you will also get rental assistance - up to $120 a fortnight. You could even consider applying for public housing, although the waiting period is very long.

Regarding doing things with any money/investments you may have in Australia before you claim the OAP, or once you are approved for portability, keep in mind that CLink will look at your last 2 years of financial transactions (all of them). And they can go back up to 5 years. If you have investments/money you need to move/hide/use, then make sure you plan to do it well before you claim the pension - or put it in the mix and work out how much it will (if at all) affect the pension amount. EG - Money you take out of Super or a Managed Investment Account while you are on the dole, is not classified as income/asset. But once you get the pension, then it is - and they can go back and look at what you have been doing with any money for up to 5 years. The days of withdrawing heaps of Super and having a world cruiseand/ or buying the kids a house, and then claiming the pension, are long gone.

David Walden · June 19, 2018

56 minutes ago, ELVIS123456 said:

The probation period for portability for those who lived overseas and have returned to Australia and have claimed the OAP, allows for short overseas holidays/visits. I understand that as long as the trip/visit is under about 4 weeks, they will not add that period to the 'waiting period'. However, they (CLink) can delay portability or even restart the 2 years, if you at any point give them any indication that you are still residing overseas or have family overseas, and this 'visit' is in fact you returning to live there again. If they believe or decide that you are only staying in Aust for the 2 years and you will then go straight back overseas when portability is approved, they can make it very difficult. You would have to be unlucky and catch a particularly nasty feminazi at CLink, but that is what anyone should consider when they call to let them know they are going on a holiday overseas. I believe once a year is acceptable, but any more would not a very good reason to not raise red flags in the system.

When you first come back to Australia, and from that time/point forward and until portability is approved, you should state to everyone (every one) that you will be staying in Australia forever. Everyone includes everyone - family and friends - if anyone asks you, say you might go back for a while in the future, but probably not. People talk and some people talk too much and some talk to CLink (especially Exs who hear what you are up to).  If you are going to return to Thailand during that 2 years, then you should make it very clear to CLink, before you leave, that you are going on a holiday and to visit some friends. If they know you have a GF/wife and/or kids, then I recommend that you tell them that it is your intention to help her/them apply for a Migrant Visa to come and live with you in Aust. This gives an ideal reason to go and stay in Thailand after portability obtained - she/they dedided they didnt want to migrate ?

Regarding where to live/stay in Australia, the answer very much depends upon your financial situation. Given that it is likely to be not great, then my advice is to rent while in Aust - because if you do buy and thyen sell before you leave, then it will affect your ability to get the pension - both as income (deeming) and as an asset. Getting a job is unlikely too, and therefore you will need to be on Newstart and therefore you will also get rental assistance - up to $120 a fortnight. You could even consider applying for public housing, although the waiting period is very long.

Regarding doing things with any money/investments you may have in Australia before you claim the OAP, or once you are approved for portability, keep in mind that CLink will look at your last 2 years of financial transactions (all of them). And they can go back up to 5 years. If you have investments/money you need to move/hide/use, then make sure you plan to do it well before you claim the pension - or put it in the mix and work out how much it will (if at all) affect the pension amount. EG - Money you take out of Super or a Managed Investment Account while you are on the dole, is not classified as income/asset. But once you get the pension, then it is - and they can go back and look at what you have been doing with any money for up to 5 years. The days of withdrawing heaps of Super and having a world cruiseand/ or buying the kids a house, and then claiming the pension, are long gone.

There is an avenue that if you travel overseas prior to applying to Centrelink for your pension anything up to 4/5 years prior to your application and do not reside in any country permanently, you are resident in and are domicile in Aus and thus you are a resident of Aus, that's the law. The tax man loves that law, Centrelink does not like that law at all?. You may need to go to AAT for a decision. In the case of a friend of mine who was absent for 4 years prior to being granted the pension and travelled extensively not remaining in any country for more the 3 month was refused a pension. He appealed, his point was that he was legally resident in Aus, because he was not resident in any other country. He owned a $1 million house in Aus rented it out and was within the asset threshold, used the rent money to travel, paid taxes in Aus etc. but was on holidays for 4 years. He did not return to Aus in those 4 years. Centrelink reviewed their decision and found in his favour and granted him the Aus Aged Pension ( reluctantly) He was about to seek a ruling from the AAT. He believed he would have succeeded in the AAT, Centrelink did not want to go there and set a precedence. ( He does have some legal training)... His point was if he is not resident in any other country he is a resident of Australia?...yes the taxman loves that rule.

4MyEgo · June 19, 2018

7 hours ago, norbra said:

On my last visit to CL I was advised that the 2 year probation period would be reset to day 1,if I left the country for any reason,this was later confirmed by the International division where all enquiries of this nature can be answered and they answer the phone promptly

Thanks for that champ

I thought that might be the case, would always clarify that well before I made any moves, check and cross check, double check and triple check, then check, check, 555

David Walden · June 19, 2018

5 hours ago, ELVIS123456 said:

The probation period for portability for those who lived overseas and have returned to Australia and have claimed the OAP, allows for short overseas holidays/visits. I understand that as long as the trip/visit is under about 4 weeks, they will not add that period to the 'waiting period'. However, they (CLink) can delay portability or even restart the 2 years, if you at any point give them any indication that you are still residing overseas or have family overseas, and this 'visit' is in fact you returning to live there again. If they believe or decide that you are only staying in Aust for the 2 years and you will then go straight back overseas when portability is approved, they can make it very difficult. You would have to be unlucky and catch a particularly nasty feminazi at CLink, but that is what anyone should consider when they call to let them know they are going on a holiday overseas. I believe once a year is acceptable, but any more would not a very good reason to not raise red flags in the system.

When you first come back to Australia, and from that time/point forward and until portability is approved, you should state to everyone (every one) that you will be staying in Australia forever. Everyone includes everyone - family and friends - if anyone asks you, say you might go back for a while in the future, but probably not. People talk and some people talk too much and some talk to CLink (especially Exs who hear what you are up to). If you are going to return to Thailand during that 2 years, then you should make it very clear to CLink, before you leave, that you are going on a holiday and to visit some friends. If they know you have a GF/wife and/or kids, then I recommend that you tell them that it is your intention to help her/them apply for a Migrant Visa to come and live with you in Aust. This gives an ideal reason to go and stay in Thailand after portability obtained - she/they dedided they didnt want to migrate ?

Regarding where to live/stay in Australia, the answer very much depends upon your financial situation. Given that it is likely to be not great, then my advice is to rent while in Aust - because if you do buy and thyen sell before you leave, then it will affect your ability to get the pension - both as income (deeming) and as an asset. Getting a job is unlikely too, and therefore you will need to be on Newstart and therefore you will also get rental assistance - up to $120 a fortnight. You could even consider applying for public housing, although the waiting period is very long.

Regarding doing things with any money/investments you may have in Australia before you claim the OAP, or once you are approved for portability, keep in mind that CLink will look at your last 2 years of financial transactions (all of them). And they can go back up to 5 years. If you have investments/money you need to move/hide/use, then make sure you plan to do it well before you claim the pension - or put it in the mix and work out how much it will (if at all) affect the pension amount. EG - Money you take out of Super or a Managed Investment Account while you are on the dole, is not classified as income/asset. But once you get the pension, then it is - and they can go back and look at what you have been doing with any money for up to 5 years. The days of withdrawing heaps of Super and having a world cruiseand/ or buying the kids a house, and then claiming the pension, are long gone.

EG - Money you take out of Super or a Managed Investment Account while you are on the dole, is not classified as income/asset. But once you get the pension, then it is - and they can go back and look at what you have been doing with any money for up to 5 years....

"Sorry but your information is not correct." Super payments are subject the the assets test but payments from super payments are not taxed. There is now a 15% tax payable by the super companies dividends before you get it but if your super payments are grandfathered before the "stealth super tax" came in you pay no income tax on this payment. You can have 10 million in super and pay no tax on any download, but if you are over 65 you must take 5% or $500,000 if you don't you will be taxed about 48% for each dollar you were required to download...if you don't take the required amount of your $500,000 download you will be taxed about $280,000 or About 48%. When you get to 75y/o the required download requirement goes up to 6%.. This formula is the same if you only have $10 in super.

David Walden · June 19, 2018

1 hour ago, David Walden said:

There is an avenue that if you travel overseas prior to applying to Centrelink for your pension anything up to 4/5 years prior to your application and do not reside in any country permanently, you are resident in and are domicile in Aus and thus you are a resident of Aus, that's the law. The tax man loves that law, Centrelink does not like that law at all?. You may need to go to AAT for a decision. In the case of a friend of mine who was absent for 4 years prior to being granted the pension and travelled extensively not remaining in any country for more the 3 month was refused a pension. He appealed, his point was that he was legally resident in Aus, because he was not resident in any other country. He owned a $1 million house in Aus rented it out and was within the asset threshold, used the rent money to travel, paid taxes in Aus etc. but was on holidays for 4 years. He did not return to Aus in those 4 years. Centrelink reviewed their decision and found in his favour and granted him the Aus Aged Pension ( reluctantly) He was about to seek a ruling from the AAT. He believed he would have succeeded in the AAT, Centrelink did not want to go there and set a precedence. ( He does have some legal training)... His point was if he is not resident in any other country he is a resident of Australia?...yes the taxman loves that rule.

https://www.oecd.org/tax/automatic-exchange/crs-implementation-and-assistance/tax-residency/Australia-Residency.pdf

My point of putting this link here is to show how complex it is for the tax man, The Family Courts in Aus, Centrlink and other Gov departments to decide who is resident, who is not resident and who is domicile in Australia, I don't think Centrelink has a clue either. Many of its decisions are add hock and should be appealed.

ELVIS123456 · June 20, 2018

20 hours ago, David Walden said:

Thank heavens, at last some truths are starting to filter through on this site...be careful I have been suspended on 2 occasions on this site for telling the truth about Australian Aged Pension (AAP)matters... by the way OAP was the term used 30 years ago they called the Old aged Pension by. It has been known as Australian Aged Pension (AAP) for a long time.

I put on this site 20 times that the asset threshold was $456,750 and lost count of the insults I received, as well as many others. If you you give accurate advice about the AAP on this site there will be lots of people who just hate the truth...and you as well.

David - you were suspended (and blocked by many) because you get abusive and insulting when someone posts an opposing view.

Take a look at my next post and lets see how that goes.

ELVIS123456 · June 20, 2018

14 hours ago, David Walden said:

There is an avenue that if you travel overseas prior to applying to Centrelink for your pension anything up to 4/5 years prior to your application and do not reside in any country permanently, you are resident in and are domicile in Aus and thus you are a resident of Aus, that's the law. The tax man loves that law, Centrelink does not like that law at all?. You may need to go to AAT for a decision. In the case of a friend of mine who was absent for 4 years prior to being granted the pension and travelled extensively not remaining in any country for more the 3 month was refused a pension. He appealed, his point was that he was legally resident in Aus, because he was not resident in any other country. He owned a $1 million house in Aus rented it out and was within the asset threshold, used the rent money to travel, paid taxes in Aus etc. but was on holidays for 4 years. He did not return to Aus in those 4 years. Centrelink reviewed their decision and found in his favour and granted him the Aus Aged Pension ( reluctantly) He was about to seek a ruling from the AAT. He believed he would have succeeded in the AAT, Centrelink did not want to go there and set a precedence. ( He does have some legal training)... His point was if he is not resident in any other country he is a resident of Australia?...yes the taxman loves that rule.

Good post David - it is very true that CLink will deny using any excuse, and that everyone should immediately appeal to SSAT if they think they are wrong. Many appeals that then go to the AAT are won by the claimant and as you said CLink is always reluctant to create a precedent, which losing at the AAT does.

However, there is no 'law' or 'rule' about residency that applies to both ATO and CLink. The ATO residency rules are very different from the CLink residency rules. You can be a resident to one, and not a resident to the other. There are way to many situations to try and cover them all, suffice to say that it very much depends on that person's individual circumstances. To example - the ATO has rules and laws it must follow and they apply to everyone - and they are 'published' to all tax consultants/accouintants etc. But CLink has no specific rules and laws as such - that have guidlines and theirs are very vague and open to interpretation by Clink delegates - and they are not as such 'published'. To further example the differences - The ATO system is based upon self-determination (when you do the tax returns) and they may review/audit some people. CLink makes a decision for each and every application. Also, when ATO does make a decison (on this issue) they decide if you are a 'Resident for Tax Purposes' (not whether you are a Resident) - but when CLink makes a decison (on this issue) they decide if you are a 'Resident in terms of where you are Domicile (living) and not whether you are a Resident. Only the Dept of Home Affairs (old Immigration Dept) can officially decide if a person living anywhere in the World is a Resident of Australia. You can be a non-resident to ATO (for Tax) and a non-resident to CLink (for welfare), but still be an Australian Resident.

ELVIS123456 · June 20, 2018

13 hours ago, David Walden said:

EG - Money you take out of Super or a Managed Investment Account while you are on the dole, is not classified as income/asset. But once you get the pension, then it is - and they can go back and look at what you have been doing with any money for up to 5 years....

"Sorry but your information is not correct." Super payments are subject the the assets test but payments from super payments are not taxed. There is now a 15% tax payable by the super companies dividends before you get it but if your super payments are grandfathered before the "stealth super tax" came in you pay no income tax on this payment. You can have 10 million in super and pay no tax on any download, but if you are over 65 you must take 5% or $500,000 if you don't you will be taxed about 48% for each dollar you were required to download...if you don't take the required amount of your $500,000 download you will be taxed about $280,000 or About 48%. When you get to 75y/o the required download requirement goes up to 6%.. This formula is the same if you only have $10 in super.

David you have not quite understood - I am not talking about income/assets for Tax purposes - I am talking about whether CLink determines that money withdrawn from Super is 'income' and can still be determined to be an 'asset'.

While you are on Newstart and under the Pension Age, money taken from Super is not 'income' to Clink. However, when you are on the Pension, money taken from Super is 'income' to Clink. Yes it is income to the ATO, and it can be both taxed and non-taxed income depending on your personal situation (things like concessional and non-concessional etc etc.)

ELVIS123456 · June 20, 2018

13 hours ago, David Walden said:

https://www.oecd.org/tax/automatic-exchange/crs-implementation-and-assistance/tax-residency/Australia-Residency.pdf

My point of putting this link here is to show how complex it is for the tax man, The Family Courts in Aus, Centrlink and other Gov departments to decide who is resident, who is not resident and who is domicile in Australia, I don't think Centrelink has a clue either. Many of its decisions are add hock and should be appealed.

I agree with David on this - ALL decisions (you lose) madse by CLink should be appealed to SSAT. Many times Clink especially, will take the 'hard' line hoping you will go away, but if you appeal they will fold straight away. Other times the Clink Delegate has made a mistake, and other times there are bigger issues involved and CLink management does not want to have to defend their decision to AAT.

For those not aware there are two parts to the appeals process for Clink.

The first part is that you have to appeal to the Social Security Appeals Tribunal (SSAT). This is where CLink reviews their own decision against their own rules and regulations. Any outcome made here is only applicable to the person involved and to that decision.

The second part is that you can then appeal to the Administrative Appeals Tribunal (AAT), who are independent from CLink (and ATO etc.) and they will review the decision and the appeal, in terms of compliance with the Act and any other relevent laws and regulations. Any outcome made here sets a precedence that is applicable to anyone in a similar situation.

From there (and before that) you can appeal to the Federal Minister, but very much the Minister's Office will defer to the AAT, and if you have not gone through that step they will recommend you do so. However, ocassionaly an issue is raised by a 'Ministerial Complaint' that highlights a situation not previously planned for or covered. In this case the Minister's Office will direct the Department to review the decision, in light of the unforseen circumstances, and this will often result (eventually) in a change to the rules/regs, and sometimes to the Act itself (after a long time).

From there (if you are interested) there is always the High Court - The Privy Council was removed in the late 80s.

David Walden · June 20, 2018

3 minutes ago, ELVIS123456 said:

David - you were suspended (and blocked by many) because you get abusive and insulting when someone posts an opposing view.

Take a look at my next post and lets see how that goes.

Your comments to me are in fact abusive. I have not ever abused anyone on this site, I have corrected many in-actuate comments give by people who are simple devoid of the truth, all of my post are in relation to personal experience. I have had a lot of experience in advising people about matters relating to AAP. not so much of the DSP. Much of the advice I see on this site is given over and over again by people who are simply inept with the truth and this seems to apply to the moderators on this site as well who allow it. Many people who seek advice with AAP matters become abusive themselves if the information they are seeking is not what they want to hear, they sometimes make it up. Elvis123456 you are about the worst offender? Much of your advice is just not correct. The comments I give are to help genuine people to achieve there entitlements in regard to the AAP and to help them avoid the pitfalls...I'm not interested in all those red- raggers who are using this site as a platform to make political statements.

PS... I have been made aware that this site is being watched by Centrelink.

sceadugenga · June 20, 2018

OK, stop this now.

I can see about a dozen threads here that I can delete without any problem at all, stick to the facts and personal experiences and not so much of the unconfirmable secondhand information either.

Will27 · June 20, 2018

1 hour ago, David Walden said:

Your comments to me are in fact abusive. I have not ever abused anyone on this site, I have corrected many in-actuate comments give by people who are simple devoid of the truth, all of my post are in relation to personal experience. I have had a lot of experience in advising people about matters relating to AAP. not so much of the DSP. Much of the advice I see on this site is given over and over again by people who are simply inept with the truth and this seems to apply to the moderators on this site as well who allow it. Many people who seek advice with AAP matters become abusive themselves if the information they are seeking is not what they want to hear, they sometimes make it up. Elvis123456 you are about the worst offender? Much of your advice is just not correct. The comments I give are to help genuine people to achieve there entitlements in regard to the AAP and to help them avoid the pitfalls...I'm not interested in all those red- raggers who are using this site as a platform to make political statements.

PS... I have been made aware that this site is being watched by Centrelink.

What value would there be in Centrelink looking at an anonymous website?

SplitInfinitive · June 20, 2018

29 minutes ago, Will27 said:

What value would there be in Centrelink looking at an anonymous website?

Fool!

They have special technology now that penetrates our tinfoil hats with ease!

?

David Walden · June 20, 2018

33 minutes ago, Will27 said:

What value would there be in Centrelink looking at an anonymous website?

This FAQ site with Centrelink and personal questions is still in the planning stage. They do seem to understand that to much incorrect info is floating around with AAP applications. The proposed site is not likely to have advice on how to bend the requirements rules when applying for the AAP. Quite frankly anyone who has a legit question about the AAP should have no problems with Centrelink in using their correct name. I have ask many question, sometimes the same question with different Centrelink staff and got different answers...5555

Perhaps we should try to get the Aussie taxation Office to provide a site on FAQs and private questions on how to dodge tax liabilities?? 5555 (joke)

https://www.humanservices.gov.au/individuals/services/centrelink/international-services

Will27 · June 20, 2018

4 minutes ago, David Walden said:

This FAQ site with Centrelink and personal questions is still in the planning stage. They do seem to understand that to much incorrect info is floating around with AAP applications. The proposed site is not likely to have advice on how to bend the requirements rules when applying for the AAP. Quite frankly anyone who has a legit question about the AAP should have no problems with Centrelink in using their correct name. I have ask many question, sometimes the same question with different Centrelink staff and got different answers...5555

Perhaps we should try to get the Aussie taxation Office to provide a site on FAQs and private questions on how to dodge tax liabilities?? 5555 (joke)

Unless I've misread your post, you still haven't answered my question.

David Walden · June 20, 2018

14 minutes ago, Will27 said:

Unless I've misread your post, you still haven't answered my question.

I never said anything about the site being anonymous. The only way to get good sharp, honest answers to legit question is if you use your real name...I have no problem with that....was that your question

Will27 · June 20, 2018

9 minutes ago, David Walden said:

I never said anything about the site being anonymous. The only way to get good sharp, honest answers to legit question is if you use your real name...I have no problem with that....was that your question

My question was when you said "PS... I have been made aware that this site is being watched by Centrelink".

Which I assumed you were talking about TV.

ELVIS123456 · June 20, 2018

1 hour ago, SplitInfinitive said:

Fool!

They have special technology now that penetrates our tinfoil hats with ease!

?

And they have Thai speaking staff who listen in on all the Line phone calls our Thai GFs/Wives make when talking about us, and they can read what they say about us on their Facebook !!

?

PS - they are still working on Twitter. They cant find anyone who speaks Thai who knows what it is.

David Walden · June 20, 2018

"The days of withdrawing heaps of Super and having a world cruise and/ or buying the kids a house, and then claiming the pension, are long gone."

These 2 things are assessed differently. If you down load $200,000 from your super to go on a world trip or to blow on poker machines, horses or girls in Thailand that will reduce you asset balance. (Thai girls are good at helping you spend it as are most Ladies). If you give away $200,000 to your kids to buy a house Centrelink will claim that $170,000 is still an asset. You can only divest yourself of $10,000 each year or you can give away $30,000 up front as the limit over the following 5 years, anything more will be regarded as money owed to you "an investment". You can waste money on high living but you can't divest yourself of assets above $10,000 per year (or $30,000 over 5 years), Anything above these amounts will still be an asset you no longer have. ( The kids got it).

Many people have been caught on this one. If you give your kids $200,000 thinking that this will lead to your pension payments increasing, think again. If your assets were $600,000 you may think after giving away $200.000 your assets would be $400,000...not so, your assets will now be $570,000 and your pension will be adjusted to this asset level ($30,000 is OK). The extra $170,000 you gave away will be assessed as money owed to you...yes an investment asset.

Scott · June 20, 2018

An off-topic post has been reported and removed.

Nemises · June 21, 2018

. EG - Money you take out of Super or a Managed Investment Account while you are on the dole, is not classified as income/asset. But once you get the pension, then it is -

Elvis, even when on the dole, I thought that Centrelink still deems income on your superannuation balance thus potentially reducing your Newstart allowance, yes?

sceadugenga · June 21, 2018

Does this help?

https://www.afr.com/personal-finance/how-to-take-money-out-of-your-super-and-claim-the-newstart-allowance-20120214-jzuwo

Nemises · June 21, 2018

Does this help?

https://www.afr.com/personal-finance/how-to-take-money-out-of-your-super-and-claim-the-newstart-allowance-20120214-jzuwo

Thanks, but I can’t read the link because I don’t have a Fin Review log in :(

Sign In

Australian Aged Pension

Recommended Posts

Top Posters In This Topic

Popular Days

Top Posters In This Topic

Popular Days

Popular Posts

Ron19

scorecard

sceadugenga

Posted Images

When you leave Australia for more than 26 weeks

Payment rates outside Australia

When you leave to live in another country

Pension rates and thresholds while outside Australia

Allowable income while outside Australia

Allowable assets while outside Australia

When you leave Australia for more than 26 weeks

Payment rates outside Australia

When you leave to live in another country

Pension rates and thresholds while outside Australia

Allowable income while outside Australia

Allowable assets while outside Australia

Create an account or sign in to comment

Create an account

Sign in

Recently Browsing 0 members

Announcements

Topics

Latest posts...

Popular in The Pub

ASEANNOW

MORE INFO

POPULAR AREAS

CONTACT US