Thread: australian pension

Originally Posted by Isee

I'm not sure if thats 100% correct as that publication states that you MUST spend 13 weeks in Australia on your return if you receive parenting payment, youth allowance, austudy, or Family Tax Benefit. I confirmed this with the various sections of the Act relating to those payments.

As I see it, the time away is an indicator of your permanent residence status, which may be called into question after 3 months. You are required to notify SS of your intention to go overseas and advise them of your expected trip duration etc (SS Admin Act). They will probably ask you for the nature of the trip etc to log on their system and buld a profile.

Section 1217 of the SS Act states that the maxim period of absence (maximum portability period) for a period is 13 weeks. In relation to a disability pension, there is no section that I can find dealing with minimum time requirements on your return to Australia. So technically you could do 13 weeks and come back for one day and then go back overseas for another 13 weeks. However...and this is a BIG however, I do believe that if you did so, they would look at your ongoing-eligibility to receive that benefit as it is unlikely that you will be considered to be residing in Australia (section 7 states that you must be an Australian citizen who resides in Australia). There is no hard and fast rule for this, it’s a consideration of a number of factors.

I think at best, you could get away with 13 out of 52 weeks absence from Australia with no questions asked. There are exemptions and you can apply to extend the period if you fall within the qualifying circumstances.

Have you spoken to anyone at Centrelink at all? While I wouldn’t take what they say over the phone as gospel, it’s usually a good starting point which you can then go out to verify.

Thank you for your reply Sir when it have taken you some time and I really appreciate it. I have not spoken to anyone at Centrelink yet but I will ,I am just trying to find out as much info as I can before I go to see them.I have spoke to 2 people who are in similar circumstances to me.One goes to LOS often for extended periods and his advice is just dont tell them.Then second,who main residence is in Melbourne,goes for 13 weeks gets a ticket back to Darwin, where he stays for a few days.In that time he rings up and notifies them he is back and flys out again a couple of days later.I do not want to do anything that gets me in trouble.From what I have read and what you say it looks like I can only go for 13 weeks in a year which will be ok.Thank you once again for all you help in this matter

mickjn

You are welcome. Its a pity that they changed the time period in 2004 where before you could spend 26 weeks away from Australia.

As far as telling them or not, its a question of whether its worth it with hindsight. I wouldn't think it would be too difficult to cross reference immigration database with SS as they are both Fed. Some people have the attitude that if you don't ask or inquire, they can plead ignorance. Unfortunately for SS fraud, they get you on the section of the SS Admin Act that requires you to notify them of any change of circumstances that MAY affect your eligibility which is made well known.

Murphy’s law will probably dictate that your mates will get away with it and you will get caught.

Originally Posted by Isee

mickjn

You are welcome. Its a pity that they changed the time period in 2004 where before you could spend 26 weeks away from Australia.

As far as telling them or not, its a question of whether its worth it with hindsight. I wouldn't think it would be too difficult to cross reference immigration database with SS as they are both Fed. Some people have the attitude that if you don't ask or inquire, they can plead ignorance. Unfortunately for SS fraud, they get you on the section of the SS Admin Act that requires you to notify them of any change of circumstances that MAY affect your eligibility which is made well known.

Murphy’s law will probably dictate that your mates will get away with it and you will get caught.

Yes I will take the 13 weeks and have a stress free holiday because I know I could get away with it but if I dont they come down on you like a ton of bricks.