2 year rule Australian old age pension.

[halloween]

I'm working 6 months, and making sure I am in-country more than 6 months, hoping to claim I am resident for at least 4 years before applying. Have all the necessary proof of residence - permanent address, bank a/c (40 years), licences, club memberships - plus I am working full time while there (self-employed taxi driver).

Wondering how they will look at holidays of 5+ months per year? Travelling on tourist visas. Have they the right to refuse working citizen o/s holidays?

Any comments appreciated/

when i applied for the pension they knew every time i left the country and returned even 3 years spent in the uk when i was 20,this was deducted from time spent in australia,bu t i had 50 years working history so i didn't matter.

Got my 38 years in, but they are going to have a lot of fun trying to deduct o/s holidays while I was still working full time.

[guapo]

I have been trying for the last 4 years , no success, went trough every appeal and still battling. In fact today I have written to my local MP, and every other MP and senators, I don't like my chances, but if every body else did the same they would probably do something about it.

copy of my letter to Mp Steven Ciobo.

Good luck guys.

2^nd August 2015

Hon. Steven Ciobo,

Please forgive me for directing my personal problems to you, but I am completely stress out and cannot find any other alternative to resolve an issue I have with Centerlink.

In a few days I will be 69 years old, I have lived and worked in Australia since I emigrated here in 1970 .

At age 63 , for the first time since I lived in this country, I left Australia on an extended holiday (my first only holiday taken in 38 years), when I returned to Australia at age 65 I applied for my age old pension, only to be told by Centerlink that I had to stay in the country for a further 2 years because I had lost my residency, and old age pension portability was available to me only after an additional 2 years spent in the country. I would like to know what happened to my 38 years as a citizen and resident to this country , don’t have to be a mathematicians to know that 38 is far greater than 2.

What is the trick or the loophole here ???

Their conclusion was that because I had no real estate property in Australia, had no bank account, or any other links that tied me up to this country, I was no longer a resident.

They completely ignored the fact that during my citizenship and residency in this country I purchased 10 properties, paid transfer fees, stamp duties, taxes and the likes, but regrettably lost everything due to two marriages and one defecto relationship gone bad, and over a period of 37 years I managed to set up ten different businesses, employed people and sacrificed myself to the max, only to find myself broke at the end of my journey, call it bad luck, Karma, or stupidity, the fact of the matter is that as an Australian citizen I did far more than any other average person and now I find myself screwed.

Social Security law is complex. It is written in such a way as to try and cater for every possible situation, ensuring that those it is intended to help are helped, and that the system is not exploited by others.

I understand that the law is complicated, and it is intended for the good of all, but I also know that innocent people sometimes get pushed around, and there is no escape, especially when they throw the law book at you and hide behind loopholes.
I am an Australian, lived all my working life in this country, and my life cannot be re winded.
They insist on the term "Residency", but refuse to understand that it is my privilege and not theirs to choose where I want to spend the rest of my life. There are many old citizens that live in other countries which have not a mutual agreement with Australia) and yet collect their old pension paid directly into their bank account, there seems to be two rules, one for them and another for them as well.

I have totally exhausted my resources, This law that it’s supposed to protect others from exploiting the system, it’s put me in a hole, I cannot rewind my life, I cannot go to another country and ask for a better deal, or go to another country and work for another 38 years, I have paid my dues and did my time, Australia cannot deny me this basic right that every civilized, developed and democratic country offers its citizens.

I appealed on three occasions through various channels to no avail, I got the same answer on all occasions, quote” this is the law” unquote. But surly any law for that matter should be just and fair, at all times and not conveniently used as one pleases.

I have now returned to Australia two months ago and re applied for my pension, and it was miraculously granted to me, in the mean time I lost almost 4 years of entitlements.

Everyone knows that if the situation was reversed in the sense that someone owned money to any government institution ….the full force of the law would applied and enforced…”so much for justice “

People who may have spent 40 years in Australia working and paying taxes can find themselves in a position where although they are entitled to the pension, it is not portable for 2 years.

Another person who stays in the country until he is 65, or whatever age he now needs for the Age Pension, can cheerfully leave the country the day he qualifies and be paid while overseas.

This is not a situation where people who have worked overseas for years can claim a full pension outside of Australia, the Australian Working Life Residency law makes sure of this, you must have spent 35 years in Australia at working age to take a full pension offshore for any length of time.

I can see no rhyme or reason to the 2 year portability law, a person who returns to Australia for a few years before he applies for the Age pension will qualify for portability while someone who does not won’t, even though they may have worked longer in Australia in total.

To make it even more unfair, the decision whether the time spent overseas is too long to qualify for the pension portability is not in any legislation, it is made by Centrelink.
Someone who spends the final 12 months of his working life period can possibly be at the same risk of portability loss as someone who may have been away for 10 years.

People who are forced into this situation and return to Australia for 2 years, undergo considerable hardship, re settling only for two years is very costly and stressful. In my case because of financial reasons I am forced to share accommodation with others, whilst I do have an apartment overseas that is vacant, locked and abandoned. Re building a temporary life is easier said than done, re constructing a social life, leaving someone dear behind, re placing one commodities it’s a night mare especially at this point in time in one’s life.

Retirement age brings consequences, I am sure everybody wish and desire is to die with a smile in their faces and not pushed around by bureaucratic jargon , the OLD AGE PENSION is just that “OLD AGE PENSION” ,” no CONS OR SCAMS or string attached”, the residency act should be axed, or equalized. All pensioners, Either both or neither should have the same advantage or disadvantage.

I demand and request that my overdue pension entitlements be restored and paid in full as well as my and everybody else “2 year portability period” be axed , if governments expect citizens to abide by the rules and regulations imposed on them …then they must set an example , and if their aim is to save money instead of money pinching the elderly surely they can figure out other ways to do so, especially when and is “common knowledge” they very well know how to look after themselves.

[simple1]

@guapo. Age Pension Portability is regulated by Social Security Law. Have a read of the content at the URLs below.

http://guides.dss.gov.au/guide-social-security-law/7/1/2/20

https://www.dss.gov.au/about-the-department/international/policy/portability-of-australian-income-support-payments#01

I can understand your frustration, but guarantee you will not get any traction by claiming 'entitlement'.

Edited August 3, 2015 by simple1

[fang37]

Two year "sentence" in Oz in order to qualify for OAP.

Any vacancies at Vinnies or the Salvos?

[AlexRRR]

I have been trying for the last 4 years , no success, went trough every appeal and still battling. In fact today I have written to my local MP, and every other MP and senators, I don't like my chances, but if every body else did the same they would probably do something about it.

copy of my letter to Mp Steven Ciobo.

Good luck guys.

2^nd August 2015

Hon. Steven Ciobo,

Please forgive me for directing my personal problems to you, but I am completely stress out and cannot find any other alternative to resolve an issue I have with Centerlink.

In a few days I will be 69 years old, I have lived and worked in Australia since I emigrated here in 1970 .

At age 63 , for the first time since I lived in this country, I left Australia on an extended holiday (my first only holiday taken in 38 years), when I returned to Australia at age 65 I applied for my age old pension, only to be told by Centerlink that I had to stay in the country for a further 2 years because I had lost my residency, and old age pension portability was available to me only after an additional 2 years spent in the country. I would like to know what happened to my 38 years as a citizen and resident to this country , don’t have to be a mathematicians to know that 38 is far greater than 2.

What is the trick or the loophole here ???

Their conclusion was that because I had no real estate property in Australia, had no bank account, or any other links that tied me up to this country, I was no longer a resident.

They completely ignored the fact that during my citizenship and residency in this country I purchased 10 properties, paid transfer fees, stamp duties, taxes and the likes, but regrettably lost everything due to two marriages and one defecto relationship gone bad, and over a period of 37 years I managed to set up ten different businesses, employed people and sacrificed myself to the max, only to find myself broke at the end of my journey, call it bad luck, Karma, or stupidity, the fact of the matter is that as an Australian citizen I did far more than any other average person and now I find myself screwed.

Social Security law is complex. It is written in such a way as to try and cater for every possible situation, ensuring that those it is intended to help are helped, and that the system is not exploited by others.

I understand that the law is complicated, and it is intended for the good of all, but I also know that innocent people sometimes get pushed around, and there is no escape, especially when they throw the law book at you and hide behind loopholes.

I am an Australian, lived all my working life in this country, and my life cannot be re winded.

They insist on the term "Residency", but refuse to understand that it is my privilege and not theirs to choose where I want to spend the rest of my life. There are many old citizens that live in other countries which have not a mutual agreement with Australia) and yet collect their old pension paid directly into their bank account, there seems to be two rules, one for them and another for them as well.

I have totally exhausted my resources, This law that it’s supposed to protect others from exploiting the system, it’s put me in a hole, I cannot rewind my life, I cannot go to another country and ask for a better deal, or go to another country and work for another 38 years, I have paid my dues and did my time, Australia cannot deny me this basic right that every civilized, developed and democratic country offers its citizens.

I appealed on three occasions through various channels to no avail, I got the same answer on all occasions, quote” this is the law” unquote. But surly any law for that matter should be just and fair, at all times and not conveniently used as one pleases.

I have now returned to Australia two months ago and re applied for my pension, and it was miraculously granted to me, in the mean time I lost almost 4 years of entitlements.

Everyone knows that if the situation was reversed in the sense that someone owned money to any government institution ….the full force of the law would applied and enforced…”so much for justice “

People who may have spent 40 years in Australia working and paying taxes can find themselves in a position where although they are entitled to the pension, it is not portable for 2 years.

Another person who stays in the country until he is 65, or whatever age he now needs for the Age Pension, can cheerfully leave the country the day he qualifies and be paid while overseas.

This is not a situation where people who have worked overseas for years can claim a full pension outside of Australia, the Australian Working Life Residency law makes sure of this, you must have spent 35 years in Australia at working age to take a full pension offshore for any length of time.

I can see no rhyme or reason to the 2 year portability law, a person who returns to Australia for a few years before he applies for the Age pension will qualify for portability while someone who does not won’t, even though they may have worked longer in Australia in total.

To make it even more unfair, the decision whether the time spent overseas is too long to qualify for the pension portability is not in any legislation, it is made by Centrelink.

Someone who spends the final 12 months of his working life period can possibly be at the same risk of portability loss as someone who may have been away for 10 years.

People who are forced into this situation and return to Australia for 2 years, undergo considerable hardship, re settling only for two years is very costly and stressful. In my case because of financial reasons I am forced to share accommodation with others, whilst I do have an apartment overseas that is vacant, locked and abandoned. Re building a temporary life is easier said than done, re constructing a social life, leaving someone dear behind, re placing one commodities it’s a night mare especially at this point in time in one’s life.

Retirement age brings consequences, I am sure everybody wish and desire is to die with a smile in their faces and not pushed around by bureaucratic jargon , the OLD AGE PENSION is just that “OLD AGE PENSION” ,” no CONS OR SCAMS or string attached”, the residency act should be axed, or equalized. All pensioners, Either both or neither should have the same advantage or disadvantage.

I demand and request that my overdue pension entitlements be restored and paid in full as well as my and everybody else “2 year portability period” be axed , if governments expect citizens to abide by the rules and regulations imposed on them …then they must set an example , and if their aim is to save money instead of money pinching the elderly surely they can figure out other ways to do so, especially when and is “common knowledge” they very well know how to look after themselves.

You may feel aggrieved and downhearted but if you were smarter you would have checked a few facts before you took off on your extended vacation that lasted several years, maybe you didn't think of it thats fine but not much point bellyaching about the situation you now find yourself in, put it down to a bit of bad luck and start to be positive, there are positives in everything if you look for them.

I dont agree with how the current government has taken a stick to the aged pension but that rule that stops you taking it overseas has been there for sometime you only had to ask, look....i suggest you should have spoken to a centrelink specialist, there are quite a few around they they can guide and advise for best results, i consulted one 2 ys ago to find out where i stood and about to see him again to finally begin to set up my exit from this country.

The law is the law like it or not up to each individual to find out how to make entitlements work for them, just because you never thought of it and now find yourself disadvantage its hardly centrelink's fault is it?

[Rancid]

I don't expect that older guys retiring to "sex paradise" Thailand (as they would view it) get a lot of sympathy from the government and certainly not from Centrelink. Rather than mulling over the current difficulties you might be better considering what Plan B you have if/when they decide to cut off your pension altogether.

Not trying to be alarmist but consider that social welfare costs are rising, governments keep saying they will cut the deficit but never do so there will be a financial crunch at some stage. The first savings, when they are really forced to, will be to cut out what doesn't lose many votes, now just imagine where Thailand/Philippine retirees might be on that list.

Look it may never happen but you just might want to consider what options you could utilise and plan accordingly. Personally I don't trust governments, the only safe pensions are those of MPs, I'm expecting getting nothing when the time comes and am planning accordingly.

[halloween]

I don't expect that older guys retiring to "sex paradise" Thailand (as they would view it) get a lot of sympathy from the government and certainly not from Centrelink. Rather than mulling over the current difficulties you might be better considering what Plan B you have if/when they decide to cut off your pension altogether.

Not trying to be alarmist but consider that social welfare costs are rising, governments keep saying they will cut the deficit but never do so there will be a financial crunch at some stage. The first savings, when they are really forced to, will be to cut out what doesn't lose many votes, now just imagine where Thailand/Philippine retirees might be on that list.

Look it may never happen but you just might want to consider what options you could utilise and plan accordingly. Personally I don't trust governments, the only safe pensions are those of MPs, I'm expecting getting nothing when the time comes and am planning accordingly.

Before you start alarmist rumours consider through what cutting off o/s pensions would cause - literally thousands of oz citizens returning, declaring themselves broke and homeless, and demanding emergency accommodation and assistance. Any move to that would logically be grandfathered to avoid such a scenario.

But not impossible to imagine a NZ situation where OA pensions are only paid o/s for a maximum 6 months EACH YEAR.

[guapo]

It’s been over four years since my request and plea to receive the Old age pension has fallen on deaf ears, all my efforts addressed to Center link, the Minister for Social Services, the Minister for Human Services, the Prime Minister, the leader of the opposition, the Commonwealth Ombudsman's Office, the Welfare Rights Network, all MPs , has been a total waste of time and efforts, all to no avail, they sure know how to pass the back, each and every one of them kept referring me to the next person……….I am beginning to wonder if nider of those Honorable personalities cannot solve or rectify this minute issue, which has huge implications on retires, how the hell can they pretend to run a country.

May be I have got it all wrong, may be its not about serving the Australian public, may be its nothing to do with politics or law making, may be is just a charade funded by the majority and rewording the minority (politicians),

I mean think about it, how have we allowed this to happen:

1- We are millions…they are a hand full, they order we jump.

2- They are like parasites, we feed them they eat. We are the assets they are the liabilities.

3- They are appointed to look after our interests, whereas we look after theirs by pampering them with, cars, chuffers, offices, super funded superannuation, joy helicopters rides, we bow in their presence in lieu of kicking their “Derrière”. , etc etc…this list could go on forever……so I won’t bother.

4- Never encountered a poor politician, while the world is full of unfortunate souls.

5- They always smile, and have a pathetic smirk on their faces, whilst ordinary people cry, suffer, become suicidal, and some faces portray a sad experience.

6- I am getting the hang of this, I guess I could go on forever, but I am going to stop…..I don’t want you to cry and despair.

EQUALITY speaks for its self, no need to look up the dictionary definition.

Some pensioners get their pensions, ( in this list are included milliners) , and others don’t, they don’t get it because of some loophole designed to frustrate, anger, control a sector of society , but they (THE POINTED HEADS AT CENTERLINK ) and government hide behind this complicated formula that some freak moron (delivered at birth by his/hers mother back end) considers it to be fair ….so how do we fight this ???? I don’t know …I have tried everything within my power.

If there is someone out there that has retained their sense of humor, has not lost his sanity, and wished to participate in this crusade, please come forward.

“PENSION” is just that “OLD AGE PENSION” ,” NO CONS OR SCAMS, IFS and BUTS OR STRINGS ATTACHED ”, the residency act should be axed, or equalized. All pensioners, either both or neither should have the same advantage or disadvantage.

The 2 year portability” Shonky business” must be scraped, CENTERLINK and government puppies please take note …you are not just insulting our intelligence… you are greatly undermining YOURS.

[AlexRRR]

Not much point grand standing the rule has been there forever, if you need the money go home for 2 years, claim rental assistance and whatever else you can and make them pay.