Australian Expats in Thailand read this.

[wow64]

Well, gentlemen, I am very pleased the discussion has took off.

There is no links so far because I said the test case is planned, not filed.

My contempt is addressing the fact that being an Aus citizen and receiving full age Pension I am being discriminated against on the grounds of Residency.

Surely the decision to live overseas is mine. The problem is every time I come to Aus I am denied the Health Card on grounds of Residency.

Living in Thailand I am paying full price on all pharmaceuticals and this is my decision.

But every time I return to Aus I am denied all benefits and forced into Private sector.

My argument is: being an Aus citizen and in receipt of full Centrelink Age Pension I am denied same benefits in Aus as any new Australian Resident who arrived yesterday.

Those of you who see my point and agree with me should contact me on Personal Messenger.

There is a possibility of filing a group case to be tested in Supreme Court. Not against Centrelink but against Ministry of Health and Social Services. The decision is theirs.

Now, as a practical example: I need an urgent surgical procedure. Naturally I prefer having it done in Aus. Estimated cost $7,000 - $10,000 if done Privately without Med Insurance.

Public hospitals are out since I have no choice of doctor. Private Med Insurance is out because of Residency status. Medicare rebate is about $1,000.

Where is the "fair go"? Considering any of Expats can face similar dilemma I think it is worthwhile testing such a case.

Please continue your arguments. You do give me some alternative viewpoints.

I am far from an expert on this but cant you just when ever you return to Oz get a health care card if you already on a pension?

Sent from my c64

[mickjn]

I bet the doctor in Australia would give you 6 months worth medicine on the PBS.Come back to Australia twice a year for your medicine very easy.Are you still an Australian Citizen???

[David48]

I am far from an expert on this but cant you just when ever you return to Oz get a health care card if you already on a pension?

No, it's not that simple. The OP is not considered an Australian Resident, different from being an Australian Citizen.

Without a Medicare Card, I doubt that he would get any assistance from the PBS.

Who is eligible for the PBS?

The Scheme is available to all Australian residents who hold a current Medicare card.

Here

Who is eligible for a Medicare Card?

Everyone who lives in Australia—except Norfolk Island residents—is eligible for a Medicare card.

Here

.

[David48]

By his own admission, the OP no longer resides in Australia, therefore, under the current assessment criteria no longer qualifies for some of the benefits available to those who reside in Australia.

Maybe the Government takes this approach.

The Public Hospital system is funded mainly through the States (the Federal Assistance is coming to an end).

To fund the Public System, the States needs revenue and that is largely gleaned from the GST. As the OP no longer resides in Australia therefore, no longer contributes an revenue through paying the GST.

The funding to run the Public comes from the recurrent budget, therefore previously paid taxes by the OP contributed to his Health needs at the time.

Since he no longer contributes anything in the Public Health System, he is therefore not eligible to receive a benefit as such.

Just trying to understand (possibly) how the Government views the OP's situation.
.

[GrantSmith]

Well, gentlemen, I am very pleased the discussion has took off.

There is no links so far because I said the test case is planned, not filed.

My contempt is addressing the fact that being an Aus citizen and receiving full age Pension I am being discriminated against on the grounds of Residency.

Surely the decision to live overseas is mine. The problem is every time I come to Aus I am denied the Health Card on grounds of Residency.

Living in Thailand I am paying full price on all pharmaceuticals and this is my decision.

But every time I return to Aus I am denied all benefits and forced into Private sector.

My argument is: being an Aus citizen and in receipt of full Centrelink Age Pension I am denied same benefits in Aus as any new Australian Resident who arrived yesterday.

Those of you who see my point and agree with me should contact me on Personal Messenger.

There is a possibility of filing a group case to be tested in Supreme Court. Not against Centrelink but against Ministry of Health and Social Services. The decision is theirs.

Now, as a practical example: I need an urgent surgical procedure. Naturally I prefer having it done in Aus. Estimated cost $7,000 - $10,000 if done Privately without Med Insurance.

Public hospitals are out since I have no choice of doctor. Private Med Insurance is out because of Residency status. Medicare rebate is about $1,000.

Where is the "fair go"? Considering any of Expats can face similar dilemma I think it is worthwhile testing such a case.

Please continue your arguments. You do give me some alternative viewpoints.

Nice of you to drop by to fill in the blanks for us. Your OP was exceptionally vague.

Easiest way to circumvent your perceived discrimination is to maintain an address in Australia. Family would be a starting point, failing that, a friend. You would need to ensure that you have evidence of this, utility notices or a local council rate notice (that is if you own property in Australia), tax return statement, documents that can be verified that you 'maintain residence'.

According to the DHS website, being a 'new arrival' you can't automatically jump on the Health Card scheme (with a couple of exceptions), you are required to wait 2 years. Probably a moot point, but nonetheless if you were going to use that as a reference point in your High Court challenge, you'd probably want to leave that out.

As for the 'fair go' that only applies 'in country', so if you choose to move outside the comfort zone of the Australian government funded healthcare arrangements, then you've made your bed and so you can sleep in it.

Something about having a cake and being able to eat it.

Sent from my iPad using Thaivisa Connect Thailand mobile app

[ABCer]

Regarding the perceived 'vagueness' of OP - I was trying to discuss general concepts. Please, try to continue this way.

My second post here is a proof that I have nothing to be ashamed of, nothing to hide and didn't do anything wrong.

With regard to "ex-residents" rights - they do exist. As a matter of fact many ex-residents having worked in a country do receive pensions. Am I right?

David is right. After I have moved to Thailand my HCC was simply not renewed. With all the consequences.

BTW my Medicare card had been renewed.

My point is - why not renew my HCC? It has any meaning only in Aus. I see discrimination on basis of Residency or Geography?

The very day I return to Aus, being an Aus Citizen I am entitled to use it without delay for 2 months or two years. Where is the flaw in my logic?

And NO, I do not have an address or property in Aus. But the day I return I do pay GST like everybody else.

Incidentally, my GP never charges me as if I still have a HCC. But this is a charity, not an entitlement.

I feel I do have a valid case. Prove me wrong, please.

[BookMan]

Regarding the perceived 'vagueness' of OP - I was trying to discuss general concepts. Please, try to continue this way.

My second post here is a proof that I have nothing to be ashamed of, nothing to hide and didn't do anything wrong.

With regard to "ex-residents" rights - they do exist. As a matter of fact many ex-residents having worked in a country do receive pensions. Am I right?

David is right. After I have moved to Thailand my HCC was simply not renewed. With all the consequences.

BTW my Medicare card had been renewed.

My point is - why not renew my HCC? It has any meaning only in Aus. I see discrimination on basis of Residency or Geography?

The very day I return to Aus, being an Aus Citizen I am entitled to use it without delay for 2 months or two years. Where is the flaw in my logic?

And NO, I do not have an address or property in Aus. But the day I return I do pay GST like everybody else.

Incidentally, my GP never charges me as if I still have a HCC. But this is a charity, not an entitlement.

I feel I do have a valid case. Prove me wrong, please.

No one has to prove you wrong, you have to prove your argument right, which you are nowhere near doing.

I highlighted one sentence in your quote. of course there is discrimination based on residency, why would it be any other way?

Why should your HCC be renewed if you are not an Australian resident? Indeed, why should you have access to any services if you are not an Australian resident?

[GrantSmith]

Regarding the perceived 'vagueness' of OP - I was trying to discuss general concepts. Please, try to continue this way.

My second post here is a proof that I have nothing to be ashamed of, nothing to hide and didn't do anything wrong.

With regard to "ex-residents" rights - they do exist. As a matter of fact many ex-residents having worked in a country do receive pensions. Am I right?

David is right. After I have moved to Thailand my HCC was simply not renewed. With all the consequences.

BTW my Medicare card had been renewed.

My point is - why not renew my HCC? It has any meaning only in Aus. I see discrimination on basis of Residency or Geography?

The very day I return to Aus, being an Aus Citizen I am entitled to use it without delay for 2 months or two years. Where is the flaw in my logic?

And NO, I do not have an address or property in Aus. But the day I return I do pay GST like everybody else.

Incidentally, my GP never charges me as if I still have a HCC. But this is a charity, not an entitlement.

I feel I do have a valid case. Prove me wrong, please.

Before you run off to some ambulance chaser to file a class action against the Commonwealth, you best get your ducks in a row.

* Constitutional Court does not exist in Australia, the highest court in the land is (funnily enough) the High Court of Australia.

* The Ministry of Health and Social Services does not exist in Australia, it is known as the Department of Health and the Department of Social Services. The Department of Health nor the Department of Social Services are responsible for Medicare or Centrelink, that is the responsibility of the Department of Human Services.

Your right to an age pension is not what you are claiming discrimination against based on geographic location. You are claiming that your entitlement to a health care card is being discriminated against due to your geographical location. Unfortunately, the rule of residency is pretty black and white. You receive the card if you live in Australia (or if you can prove that you are resident in Australia). The health care card is a benefit not a right or an entitlement.

I never said that Australian citizens living overseas do not have any rights, they just don't have access to the same benefits as those who reside in Australia. As I pointed out earlier, you can circumvent this, you didn't and unfortunately you now face the frustration of trying to get back something that you're not entitled to where previously you'd had no issues.

As for "The very day I return to Aus, being an Aus Citizen I am entitled to use it without delay for 2 months or two years. Where is the flaw in my logic?" The flaw in your logic is, you don't understand the process involved and I suggest you read up on this if you intend to do this or use this in your argument before the Court.

Paying GST is a flawed argument. Everyone, resident or not, pays GST in Australia. You can claim some of it back via the TRS but there's plenty of exclusions to that.

If you do intend to proceed with this class action, I hope your QC or SC will be working pro-bono or on a "no win no fee" basis.

[ABCer]

OK, Grant Smith, I see your point, Thanks.

Cannot say the same about BookMan's position. The moment I land in Aus being an Aged Pensioner and a Citizen I expect being entitled to privileges and services like any other.

Denying me these in my view constitutes Discrimination. Obviously there are different views on this among some members here and more importantly at the Law makers level.

I will try to make further inquiries from Legal professionals. Many people here with opposing views have helped me to see clearly the problem.

Thanks to all.