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Posted

I have been an Australian citizen since 1970, and lived and worked in Australia continually ever since.

In late August 2008, at age 62, I left my employment and came to live in Thailand, been here since.

In August this year 2011 I returned to Australia for two weeks and lodged my age pension forms, thinking that as an Australian Citizen and after having spent almost 40 years in the country, I would be able to claim it. To my surprise I received notification from Center link stating that my application was declined because I did not live in Australia for the past 2 years ??????

I am totally confused, they have asked me to live in Australia for 2 years before I can claim it !!!!! what happened to almost 40 years that I lived there ????

Can some one please give me some advice as to what I can do .

Posted

They've got you by the short and curlies. I went through the same thing as I am sure many others have. You must now live in Australia for two years if you want them to pay your pension here. It really is a stupid ruling, the government must give you many benefits while you are there, health benefits, house assistance, free and subsidised travel etc etc, and also the pension. If they simply paid what you are entitled to after working for so many years they would save on all these benefits. If it is any comfort to you I might add that during my enforced stay I would return to Thailand about every three months and stay for about three weeks, I got away with it and they never quiried it.

Posted

Well Centrelink has informed me that if wanted to continue receiving the Age Pension I must reside in Australia for 26 weeks every year !!

And that's after working in Sydney for 38 years.

So,for me,it's six months here and six months there.

'not happy Jan'.....................

Posted (edited)

Well Centrelink has informed me that if wanted to continue receiving the Age Pension I must reside in Australia for 26 weeks every year !!

And that's after working in Sydney for 38 years.

So,for me,it's six months here and six months there.

'not happy Jan'.....................

That is not the law....contact the international centre of Centrelink at Hobart and you will receive correct advice or download a copy of the latest news for seniors for overseas on the Centrelink website. You would however have to live in Australia for 2 years after applying to receive it overseas.

Edited by harrry
Posted

I think you will find that there are exception to this 2 year rule. I suggest you call the CentreLink International Office in Hobart. The number may be found in their web site and it can be called reverse charges.

  • 2 weeks later...
Posted

Thank you guys, for having answered my post (Australian old pension).

Just to keep you up to date I have e mailed approximately 300 e mails to all MPS, Senators, and all other parliamentarians, Including the Prime Minister, only to have received half a dozen replays, the rest totally ignored me , stating that because of the number of letters, faxes, and phone calls it's impossible for them to reply to individual cases. "What a lot of crap"

The few that replied basicly said the same thing , the ruling stands that one must spend 2 years in Australia prior to lodge a claim.

My reply to them was:

It seems to me that Center link , and policy makers have difficulty understanding the terms “Citizenship” and “Residency”

Citizenship is a privilege given by any government to a citizen allowing him to live in a country .

Residency is a privilege that any citizen should have in deciding where one wants to live.

Conveniently the Australian government (Center link) is using the loophole of “residency) to refuse to pay Old Age Pension if one does not live in Australia two years prior of claiming OAP.

I lived in Australia for 40 years, (continually) worked, pay my dues, and lived as perfect citizen, but regrettably two years before reaching age 65 I lived in Thailand, and by pure magic I lost the right to claim OAP.

One does not have to be a mathematician, but 40 years is far greater than 2, are they STUPID ???????? I don't think so, in fact I think they are very smart (or at least they think they are.

Now if a Citizen lived in Australia lets say for 5 years, left the country for 30 years, but decided to return to Oz for two years ,(prior to lodge a claim) he/she is entitled to receive the OAP …..OOPPS !!!!! I should have warned you……...my mathematical skills are not the best.

As we say back home …..they need to (STOP THE BULL SHIT)

Old Age pension is just that “OLD AGE PENSION) , no bull shit, no loop holes, no ifs & buts, no trickery, and above all AUSTRALIA (I mean Politicians) don't insult our intelligence……….WE MADE THE COUNTRY THAT AUSTRALIA IS.

To Senators, MPs, Public servants, I say …..rectify the problem and if you are not able to, move on, get a real job , or go on the dole, I am sure you will be looked after by the upcoming pensioners, because that exactly what we pensioners have done, for so long we have kept the country going.

Politicians must come to their senses, and “CALL A SPADE A SPADE” no string attached.

A very disgruntled Australian

Posted

It's called Centrelink....

But I do agree with most of what you say. Pollies only have to serve 1 term in office and they're set for life. Even if they're accused of putting hookers on their union credit card rolleyes.gif

Posted

Surely you should have checked all this out before you made your move to Thailand?

A bunch of ranting emails to MP's simply means that your justifiable concerns are going to be sent to the junk email/loony file and that any subsequent emails from you will be trashed before they are even opened.

Best sit down with an accountant or lawyer who specialises in these things and see what options there are for you.

  • 4 months later...
Posted

Any developed civilized and democratic country, pays its old citizen the pension where ever they choose to live.

Why must Australia re define this rule, when continually itself proclaims to the world, quote “The underdog has a fair go" unquote, needs to prove that this it’s not a fairy tale , but a true believe imbedded in any Australian heart, mind and soul.

Thousands of Australians have been denied the old age pension simply because they choose to live overseas; the residency act should be axed, or equalized. Either both or neither should have the same advantage or disadvantage.

If democracy does not prevail in this matter, then it is true as one said:

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

Wake up AUSTRALIANS, many of you will be in my shoes in the near future, if politicians refuse to come to their senses, we will line up and chick their asses on their way out.

God bless Australia

A very disgruntled Australian

Feel free to reply to my plea, any comments will be greatly appreciated

Posted

Well Centrelink has informed me that if wanted to continue receiving the Age Pension I must reside in Australia for 26 weeks every year !!

And that's after working in Sydney for 38 years.

So,for me,it's six months here and six months there.

'not happy Jan'.....................

That is not correct, I have been in Thailand now for four years and never been back to OZ, my old age pension is payed into my Thai Bank account every month. Are you sure it is an old age pension and not another type of pension ?

Posted

Wait until you get sick and come back to use your medicare card......

All medicare cards are cancelled if you live overseas, as are all add ons like pension card, rent assistance, Elec assistance, Phone assistance, all you get is the actual pension. I went to Centerlink before I left Australia and inquired about everything so I knew about it all, it was Centerlink that advised me to have the pension paid into a Thai Bank because it would save me money, it is amazing how many people go and live overseas with out doing their homework first, as this thread clearly shows.

  • 2 weeks later...
Posted

Surely you should have checked all this out before you made your move to Thailand?

A bunch of ranting emails to MP's simply means that your justifiable concerns are going to be sent to the junk email/loony file and that any subsequent emails from you will be trashed before they are even opened.

Best sit down with an accountant or lawyer who specialises in these things and see what options there are for you.

I did ring centrelink and asked about the consequencies if moved overseas and then claimed the age pension when i turned 65.

She said i had no worries because i was a citizen and lived there for 48 years.

SEEMS she did not know what she was talking about.

coffee1.gif

Posted

I am only going to say this once:

If you get a decision off some Centrelink jerk about you cant get the OAP, lodge an appeal straight away and follow it through.

What is happining is the person you talk to is usually making the decision with out checking with his/her superior, if you appeal

their decision it will go before more senior staff members then if you dont do any good continue to appeal to the SSAT and

higher if you must, they are breaking the law, in a lot of cases they are making up their own rules.

For more info google DSPoverseas.

  • 3 months later...
Posted

An open letter

Re: The Australian Old Age Pension

I have exhausted my options trying to fight a system that is corrupted to its core.

My last attempt to have my case reviewed by the Administrative Appeals Tribunalhearing on the 08/05/2012 , case number 2012/0256 , will be held in accordance to protocol, the outcome has already been predetermined according to the legislation (non residency act).

It’s a total waste of time, because a decision will be taken based on something that is completely wrong, in my eyes and everybody else’s this proves that our institutions are nothing but a mockery…shame on you.

How can a law be put in place (knowing fully in advance that is unjust) and then passing judgment in favor of such a law.

The Australian government refuses to pay the Old Age Pension to citizens that do not reside in Australia, only those that live in countries that have an agreement with Australia seem to be entitled to receive it.

If anyone decides to live anywhere else at retirement, (as in my case after having spent 40 years in the country) practically is labeled a second class citizen, and refused the pension.

The question of residency is nothing but a LOOPHOLE that government chooses to use to deny basic rights, and to money pinch the elderly.

Any developed civilized and democratic country, pays its old citizen the pension where ever they choose to live.

Thousands of Australians are been denied the OAP simply because they choose to live overseas; the residency act should be axed, or equalized. All pensioners, Either both or neither should have the same advantage or disadvantage.

The Australian government must act and take decisive action to rectify this problem, If democracy does not prevail in this matter, then it is true as one said:

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

The Australian government , are condoning themselves and implying as being corrupt, con artists, morons (by choice I might add) and above all unfit to govern and subsequently they should be thrown out of office.

Ms Gillard, make it right, if nothing else you will safeguard your sense of morality, a privilege that most parliamentarians have long lost.

Joseph Ellul

Posted

Your appeal will not be a waste of time. There have been successful appeals on this residency B/S. Please check your PM.

Posted

Last week I emailed Centrelink ([email protected]) requesting current policy for the OAP for Australians living overseas and received the following response:

A customer does not have to remain an Australian resident to continue to receive Age Pension while overseas and the overseas absence can be for any reason. For both temporary and permanent departures, the rate of payment after 26 weeks will paid at a proportional rate calculated by using the person's own Australian working life residence (WLR)

If a person has more than the maximum WLR of 25 years, the rate of pension will not be affected. If a person has no WLR (for example, they arrived in Australia after reaching age pension age) then the proportional rate will be nil and payment will cease 26 weeks after departure from Australia.

For permanent departures, only the basic pension and Pension Supplement Basic amounts are paid. Any add-on payments received, such as Rent Assistance (RA), will be cancelled from the date of departure. For temporary departures the supplements will stop after 13 weeks

If a customer who has only recently returned to live in Australia, is granted or transferred to Age Pension based on being a former resident then leaves Australia within two years of the recent return, payment will cancel on departure.

There is no mention of reciprocal agreements with other countries; based upon postings is this forum does this need to be queried?

Posted

Thanks for posting. First I've seen mention about WLR's ermm.gif but then I may be a bit slow wink.png

If I read your last line correct it's the complete opposite of current thinking i.e. being in oz 2 years prior to claiming the pention. To me it reads if you haven't been here for 2 years before then you have to be here for 2 years after (which is better I think).

Posted

Mods, sorry for duplicating this thread but as you have 2 identical thread headings I felt it important that it appeared in both.

Australian Working Life Residency — strengthening requirements

Department of Human Services - - .. - -

The Government will achieve savings of $50.8 million over four years by amending the Australian Working Life Residence (AWLR) rules applying to the Age Pension, from 1 January 2014. The new arrangements will strengthen Australian residency requirements and improve the equity of assessments and bring them more into line with international practice.

Under the change, Age Pension recipients who are overseas for more than 26 weeks will be paid their maximum entitlement of pension only if their AWLR is 35 years or more, rather than 25 years as applies under current arrangements. Pension recipients with less than 35 years AWLR will be paid a proportional rate. Pensioners overseas on the date of implementation will not be affected by this change unless they return to Australia for at least 26 weeks.

In addition, all partnered pensioners residing overseas will be paid based on their own AWLR rather than their partner's AWLR. Grandfathering provisions will protect existing customers who are currently being paid under an international agreement.

http://www.budget.gov.au/2012-13/content/bp2/html/bp2_expense-09.htm

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